indictment that was amended, by looking at the other two counts. Id. Rather, the court explained, it knew “without speculating,” from the terms of the count in question, that the grand jury “necessarily certified that it found sufficient evidence to charge defendant with assault with a dangerous weapon.” Id. The court explained that the allegations in the original indictment were sufficient to state that the defendant had used the instrumentality — a car — under circumstances that rendered it capable of causing death or serious injury, i.e., as a dangerous weapon. Id. at 492-93. Thus, the court was satisfied that the “the grand jury, not the prosecutor, determined the charge to be brought and found the facts on which the charge was based.” Id. at 495; cf. Burnett, 185 Or App at 416-17 (<HOLDING>). The change in the indictment addressed in
holding that in the situation of a possible dismissal of an indictment because of possible grand jury tampering  only where knowing perjury relating to a material matter has been presented to the grand jury should the trial judge dismiss an otherwise valid indictment holding the trial court erred in ordering the transcription of grand jury proceedings so that it could intervene in the operations of the grand jury holding trial court erred in denying defendants motion for arrest of judgment where indictment was insufficient holding that the trial court erred in denying the defendants motion in arrest of judgment when the indictment lacked a material element and it was not apparent that the grand jury based the indictment on facts that satisfy this element of the crime and that the only permissible cure was to send the matter back to the grand jury holdingthat an error in instructing the jury that an offense could be committed by a statutory method not charged in the indictment is cured where  the court provides the jury with the indictment and instructs jurors that the burden of proof rests upon the state to prove every material allegation of the indictment and every essential element of the crime charged beyond a reasonable doubt  citation omitted