Preliminary Provisions

ORS 131.305
Place of trial


(1)

Except as otherwise provided in ORS 131.305 (Place of trial) to 131.415 (Conveyance of defendant in custody after change of venue), criminal actions shall be commenced and tried in the county in which the conduct that constitutes the offense or a result that is an element of the offense occurred.

(2)

All objections of improper place of trial are waived by a defendant unless the defendant objects in the manner set forth in ORS 131.335 (Change of venue) to 131.363 (Change of venue in other cases). [1973 c.836 §14]

See also annotations under ORS 131.310 in permanent edition.

Notes of Decisions

When an indictment charges that a criminal agreement was made in a certain county, a conviction cannot rest on proof that the agreement was made in a different county and only subsequent acts in pursuance of the agreement occurred in the county where the making of the agreement is alleged. State v. Roper, 286 Or 621, 595 P2d 1247 (1979)

Where defendant escaped from confinement in work camp located in Tillamook County, venue was proper only in that county and prosecuting defendant in Marion County, where he had been confined prior to transfer, was improper. State v. Dillenburg, 49 Or App 911, 621 P2d 1193 (1980)

Where traffic offense of DUII was prosecuted as misdemeanor for conviction of same offense within 5 years, thus creating a criminal prosecution, defendant had absolute right under Oregon Constitution Article I, Section 11 to change of venue to county where offense was committed. State v. Camp, 53 Or App 599, 633 P2d 12 (1981)

Place of trial is established by statute and objections to place of trial are waived unless raised in trial court. State v. Jasper, 89 Or App 572, 750 P2d 498 (1988)

Where record showed that judge heard answer establishing venue, inaudible nature of answer on tape recording of testimony did not require overturning conviction. State v. Post, 126 Or App 446, 868 P2d 1366 (1994), Sup Ct review denied

Law Review Citations

53 OLR 105 (1973)


Source

Last accessed
Jun. 26, 2021