Arraignment and Pretrial Provisions

ORS 135.717
Time of crime


The precise time at which the offense was committed need not be stated in the accusatory instrument, but it may be alleged to have been committed at any time before the finding thereof and within the time in which an action may be commenced therefor, except where the time is a material element in the offense. [Formerly 132.610]

See also annotations under ORS 132.610 in permanent edition.

Notes of Decisions

A defendant cannot make time a material element of the crime by a defense of alibi. State v. Knight, 6 Or App 534, 487 P2d 1404 (1971)

Where alleged date of offense differed from proven date of offense and date was not material to charge, variance was permissible absent showing of actual prejudice. State v. Long, 320 Or 361, 885 P2d 696 (1994), cert. denied, 514 US 1087; State v. Baldeagle, 154 Or App 234, 961 P2d 264 (1998), Sup Ct review denied

§§ 135.713 to 135.743

Law Review Citations

2 EL 230-274 (1971)


Source

Last accessed
Jun. 26, 2021