Criminal Trials

ORS 136.490
Discharge of defendant upon acquittal

  • exception

If judgment of acquittal is given on a general verdict and the defendant is not detained for any other legal cause, the defendant shall be discharged as soon as the judgment is given, except that, when the acquittal is for variance between the proof and the accusatory instrument, which may be obviated by a new accusatory instrument, the court may order the detention of the defendant, to the end that a new accusatory instrument may be preferred, in the same manner and with like effect, as provided in ORS 135.540 (Effect of resubmission of case). [Formerly 136.710]

Notes of Decisions

This section permits prosecution for two offenses arising out of the same transaction which may in fact be the same offense, if defendant is acquitted of the first charge on the ground of variance between indictment and the proof. State v. Ayers, 16 Or App 655, 520 P2d 449 (1974), Sup Ct review denied


Last accessed
Mar. 11, 2023