Arraignment and Pretrial Provisions

ORS 135.640
When objections that are grounds for demurrer may be taken


When the objections mentioned in ORS 135.630 (Grounds of demurrer) appear upon the face of the accusatory instrument, they can only be taken by demurrer, except that the objection to the jurisdiction of the court over the subject of the accusatory instrument, or that the facts stated do not constitute an offense, may be taken at the trial, under the plea of not guilty and in arrest of judgment. [Amended by 1973 c.836 §185]

Notes of Decisions

Motion for judgment of acquittal at conclusion of state's case based on alleged vagueness of underlying criminal statutes should be construed by trial courts as premature motion in arrest of judgment and motion should be denied with leave to review motion after verdict. State v. McKenzie, 307 Or 554, 771 P2d 264 (1989)

Completed Citations

State v. Zimmerlee, 261 Or 49, 492 P2d 795 (1972)

§§ 135.610 to 135.700

Law Review Citations

2 EL 230-274 (1971)


Source

Last accessed
Jun. 26, 2021