ORS 135.725
Person injured or intended to be injured


When a crime involves the commission of or an attempt to commit a private injury and is described with sufficient certainty in other respects to identify the act, an erroneous allegation as to the person injured or intended to be injured is not material. [Formerly 132.630]

See also annotations under ORS 132.630 in permanent edition.

Notes of Decisions

An indictment for obtaining property by false pretenses containing an erroneous allegation as to the ownership of the property was sufficient under this section. State v. Alden, 8 Or App 519, 495 P2d 302 (1972)

Allegations of ownership were required as part of description of stolen property, not as element of crime of theft, but to protect defendants from possibility of being charged twice for same offense. State v. Hull, 33 Or App 183, 575 P2d 1015 (1978), aff’d 286 Or 511, 595 P2d 1240 (1979)

§§ 135.713 to 135.743

Law Review Citations

2 EL 230-274 (1971)


Source
Last accessed
May. 15, 2020