Effect of nonprejudicial defects in form of accusatory instrument
Source:
Section 135.715 — Effect of nonprejudicial defects in form of accusatory instrument, https://www.oregonlegislature.gov/bills_laws/ors/ors135.html.
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)
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