ORS 135.715
Effect of nonprejudicial defects in form of accusatory instrument


No accusatory instrument is insufficient, nor can the trial, judgment or other proceedings thereon be affected, by reason of a defect or imperfection in a matter of form which does not tend to the prejudice of the substantial rights of the defendant upon the merits. [Formerly 132.590]

See also annotations under ORS 132.590 in permanent edition.

Notes of Decisions

Count of manslaughter in indictment charging second degree murder was merely unnecessary verbiage and worked no prejudice to defendant’s substantial rights. State v. McCauley, 8 Or App 571, 494 P2d 438 (1972), Sup Ct review denied

Superfluous inclusion of word “amended” in caption of newly issued indictment is not prejudicial to defendant because state must elect to proceed either under original indictment or under new indictment. State v. Mitchell, 9 Or App 17, 495 P2d 1245 (1972); State v. Steward, 9 Or App 35, 496 P2d 40 (1972), Sup Ct review denied

Indictment that included unconstitutionally vague language is not defect in matter of form. State v. Costello, 115 Or App 202, 837 P2d 552 (1992)

Completed Citations

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

§§ 135.713 to 135.743

Law Review Citations

2 EL 230-274 (1971)


Source
Last accessed
May. 15, 2020