Arraignment and Pretrial Provisions

ORS 135.510
Grounds for motion to set aside the indictment


(1)

The indictment shall be set aside by the court upon the motion of the defendant in either of the following cases:

(a)

When it is not found, indorsed and presented as prescribed in ORS 132.360 (Number of jurors required to concur), 132.400 (Indorsement of indictment as “a true bill”) to 132.430 (Finding against indictment) and 132.580 (Names of grand jury witnesses required on indictment).

(b)

When the names of the witnesses examined before the grand jury are not inserted at the foot of the indictment or indorsed thereon.

(2)

Subsection (1)(b) of this section does not apply if the absence of a witness’s name is permitted under ORS 132.580 (Names of grand jury witnesses required on indictment). [Amended by 1959 c.426 §2; 1973 c.836 §178; 2019 c.338 §3]

Notes of Decisions

This section does not bar motion to quash indictment based on ground that grand jury was selected in violation of Article VII (Am), section 5 of Oregon Constitution. State v. Gortmaker, 60 Or App 723, 655 P2d 575 (1982), aff'd 295 Or 505, 668 P2d 354 (1983)

If indictment cannot be attacked on ground grand jury heard insufficient evidence or wrong type of evidence, it cannot be set aside because grand jury heard evidence that might not be admissible at trial. State v. Dike, 91 Or App 542, 756 P2d 657 (1988), Sup Ct review denied

This section sets out exclusive statutory grounds for setting aside indictment and, because those grounds do not include use of hearsay evidence, trial court was not required to set aside indictment on that ground. State v. Stout, 305 Or 34, 749 P2d 1174 (1988)

Where trial court refused to suppress bank records of defendant obtained by grand jury subpoena based on insufficient affidavit and records were properly resubpoenaed before trial, invalid subpoena is not ground to set aside indictment listed in this statute. State v. O'Brien, 96 Or App 498, 774 P2d 1109 (1989), Sup Ct review denied

§§ 135.510 to 135.560

Law Review Citations

2 EL 230-274 (1971)


Source

Last accessed
Jun. 26, 2021