Daniel J. O'Brien v. State Indiana

CHIPMAN, J. Daniel O'Brien is appealing his conviction by a sixmember Clark County jury for possession of more than 30 grams of marijuana, IC 35-48-4-11[Footnote 1] a class D felony. O'Brien contends the Indiana statute which permits a six-member jury to determine the facts in a felony case is unconstitutional. Moreover, he contends the evidence at trial was insufficient to convict him and testimony was admitted erroneously.