Criminal Trials

ORS 136.643
Defendant as witness

In the trial of or examination upon any indictment, complaint, information or other proceeding before any court, magistrate, jury or other tribunal against a person accused or charged with the commission of a crime, the person so charged or accused shall, at the own request of the person, but not otherwise, be deemed a competent witness, the credit to be given to the testimony of the person being left solely to the jury, under the instructions of the court, or to the discrimination of the magistrate, grand jury or other tribunal before which such testimony is given. The waiver of the person of this right creates no presumption against the person. The defendant or accused, when offering testimony as a witness in the own behalf of the defendant, gives the prosecution a right to cross-examination upon all facts to which the defendant or accused has testified and which tend to the conviction or acquittal of the defendant or accused. [Formerly 139.310]

See also annotations under ORS 139.310 in permanent edition.

Notes of Decisions

A co-indictee may be compelled to testify as to a crime for which he has been acquitted, convicted or pleaded guilty. State v. Denniston, 8 Or App 64, 491 P2d 1189 (1971), Sup Ct review denied

A defendant may be forced to testify to the commission of a crime other than the one for which he is being tried if the evidence is independently relevant and the probative value outweighs its prejudicial influence. State v. Spunaugle, 11 Or App 583, 504 P2d 756 (1972)

The relevance of defendant’s testimony as to the commission of a crime other than the one for which he was being tried was outweighed by the prejudicial value. State v. Spunaugle, 11 Or App 583, 504 P2d 756 (1972)

COMPLETED CITATIONS: State v. Howard, 6 Or App 230, 486 P2d 1301 (1971), Sup Ct review denied

Source

Last accessed
Mar. 11, 2023

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