Arraignment and Pretrial Provisions

ORS 135.105
Use of statement before grand jury or on trial

The statement of the defendant is competent testimony to be laid before the grand jury and may be given in evidence at the trial. [Formerly 133.700]

See also annotations under ORS 133.700 in permanent edition.

Law Review Citations

13 WLJ 32 (1976); 28 WLR 127 (1991)

§§ 135.070 to 135.185

Notes of Decisions

Under Oregon Constitution, person may be charged with felony either by grand jury indictment or by district attorney information after showing of probable cause at preliminary hearing, and it is within district attorney's discretion to decide which procedure to use so long as exercise thereof complies with Equality of Privileges Clause of Oregon Constitution. State v. Eells, 72 Or App 492, 696 P2d 564 (1985), Sup Ct review denied

Where defendant is initially charged by information, but later indicted, defendant does not retain right to preliminary hearing unless use of indictment was for improper purpose. State v. Marsh, 132 Or App 416, 888 P2d 580 (1995)


Last accessed
Jun. 26, 2021