Demurrer
- generally
Source:
Section 135.610 — Demurrer; generally, https://www.oregonlegislature.gov/bills_laws/ors/ors135.html
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See also annotations under ORS 135.620 in permanent edition.
Notes of Decisions
Absent exceptional circumstances or statutory exceptions (ORS 135.640) a demurrer filed after entry of a plea of not guilty is not timely and a court is without authority to entertain it. State v. Dolan, 40 Or App 447, 595 P2d 836 (1979)
Demurrer was timely when defendant reserved “all rights against each indictment” at arraignment and arraignment court did not object to this reservation and when trial court allowed defendant to demur at beginning of trial and to renew demurrer at end of trial. State v. Wimber, 315 Or 103, 843 P2d 424 (1992)