Arrest and Related Procedures

ORS 133.823
When guilt of accused may be inquired into


The guilt or innocence of the accused as to the crime of which the accused is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition, accompanied by a charge of crime in legal form as provided in ORS 133.743 (Definitions for ORS 133.743 to 133.857) to 133.817 (Persons under criminal prosecution in this state at time of requisition), shall have been presented to the Governor, except as it may be involved in identifying the person held as the person charged with the crime. [Formerly 147.200]

See annotations under ORS 147.200 in permanent edition.

§§ 133.743 to 133.857

See also annotations under ORS chapter 147 in permanent edition.

Notes of Decisions

This Act was adopted to facilitate the interjurisdictional transfer of prisoners. Bishop v. Cupp, 7 Or App 349, 490 P2d 524 (1971)

Interjurisdictional transfers to clear up charges protect the prisoner's constitutional right to a speedy trial and the state's interest in the orderly administration of justice. Bishop v. Cupp, 7 Or App 349, 490 P2d 524 (1971)


Source

Last accessed
Jun. 26, 2021