US Laws, Codes, Statutes & Cases

Chapter 136 — Criminal Trials

 

2007 EDITION

 

CRIMINAL TRIALS

 

PROCEDURE IN CRIMINAL MATTERS GENERALLY

 

GENERAL PROVISIONS

 

136.001     Right to jury trial; waiver

 

136.005     Challenge to jury panel

 

136.010     When issue of fact arises

 

136.030     How issues are tried

 

136.040     When presence of defendant is necessary

 

136.050     Degree of crime for which guilty defendant can be convicted when doubt as to degree exists

 

136.060     Jointly charged defendants to be tried jointly; exception

 

136.070     Postponement of trial

 

136.080     Deposition of witness as condition of postponement

 

136.090     Procedure for taking deposition

 

136.100     Filing and use of deposition

 

136.110     Commitment of defendant after release

 

136.120     Dismissal when prosecutor unprepared for trial

 

136.130     Effect of dismissal on subsequent prosecution for same crime

 

136.140     Proceedings after judgment of acquittal

 

136.145     Setting of court dates when presence of victim required

 

SELECTION OF JURY

 

136.210     Jury number; examination

 

136.220     Challenge for implied bias

 

136.230     Peremptory challenges

 

136.240     Challenge of accepted juror

 

136.250     Taking of challenges; number of challenges if two or more defendants

 

136.260     Selection of alternate jurors; peremptory challenges

 

136.270     Oath, rules governing conduct and attendance of alternate jurors at trial

 

136.280     Substitution of alternate for juror dying or becoming disabled; dismissal

 

SCHEDULING OF TRIAL

 

136.285     Priority in trial schedule for defendants in custody

 

136.290     Limitation on time defendant held prior to trial; release of defendant if limit exceeded

 

136.295     Application of ORS 136.290

 

136.300     Time limit on appeals to circuit court

 

CONDUCT OF TRIAL

 

136.310     Function of court; effect of judicial notice of a fact

 

136.320     Function of jury; acceptance of charge on law

 

136.325     Jury not to be informed of and not to consider punishment that may be imposed

 

136.330     Trial procedure; polling jurors in writing

 

136.345     When attendance of woman officer is required

 

136.347     Appointment, duties and compensation of woman officer

 

EVIDENCE

 

136.415     Presumption as to innocence; acquittal in doubtful cases

 

136.420     Testimony shall be given orally; exception

 

136.425     Confessions and admissions; corroboration

 

136.430     Applicability of laws of evidence in civil actions to criminal trials; exceptions

 

136.432     Limitation on court’s authority to exclude relevant evidence

 

136.435     Admissibility of evidence from defendant not advised of rights

 

136.440     Testimony of accomplice; corroboration; “accomplice” defined

 

136.445     Motion for acquittal; standard for granting motion; effect

 

136.447     Medical records

 

VERDICT AND JUDGMENT

 

136.450     Number of jurors required for verdict

 

136.455     General verdict on plea of not guilty

 

136.460     Verdict where crime consists of degrees

 

136.465     Verdict where crime or attempt included within charge

 

136.470     Conviction or acquittal of one or more of several defendants

 

136.475     Verdict as to some of several defendants; retrial of others

 

136.480     Reconsideration of verdict when jury makes mistake as to law

 

136.485     Reconsideration of verdict which is not general verdict

 

136.490     Discharge of defendant upon acquittal; exception

 

136.495     Proceedings after adverse general verdict

 

MOTION IN ARREST OF JUDGMENT; NEW TRIAL

 

136.500     Motion in arrest; basis and time for making

 

136.505     Effect of allowance of motion

 

136.515     Order when evidence shows guilt; new charge

 

136.525     Order when evidence is insufficient; acquittal

 

136.535     Application of ORS 19.430 and ORCP 64 A, B and D to G to new trials

 

WITNESSES

 

(Generally)

 

136.555     Subpoena defined

 

136.557     Issuance of subpoena by magistrate for witnesses at preliminary examination

 

136.563     Issuance of subpoena by district attorney for witnesses before grand jury

 

136.565     Issuance of subpoena by district attorney for witnesses at trial

 

136.567     Issuance of subpoena for witnesses for defendant; bar to dismissal

 

136.570     Proceeding to obtain subpoenas for more than 10 witnesses

 

136.575     Forms of subpoenas

 

136.580     Subpoenas when books, papers or documents are required

 

136.585     By whom subpoena is served

 

136.595     How subpoena is served; proof of service; service on law enforcement agency

 

136.600     Certain civil procedures applicable to criminal proceedings

 

136.602     Witness fees payable by county; method of payment; defense witness fees payable by defendant

 

136.603     Payment of witness who is from outside state or is indigent

 

(Material Witness Order)

 

136.608     Application procedure

 

136.611     Court action upon receipt of application

 

136.612     Hearing; security amount; vacation or modification of order

 

136.614     Witness held in detention facility; payment

 

(Compelling Witnesses)

 

136.617     Proceedings to compel witness who may be incriminated thereby to testify

 

136.619     Immunity of witness compelled to testify

 

(Uniform Act to Secure Attendance of Witnesses From Without a State in Criminal Proceedings)

 

136.623     Definitions

 

136.625     Where witness material to proceeding in another state is in this state

 

136.627     Where witness material to proceeding in this state is in another state

 

136.633     Immunity of witness from arrest or service of process

 

136.635     Construction of ORS 136.623 to 136.637

 

136.637     Short title

 

(Competency)

 

136.643     Defendant as witness

 

136.645     Codefendant as witness

 

136.655     Husband or wife as witness

 

(Hypnotized Witnesses)

 

136.675     Conditions for use of testimony of persons subjected to hypnosis

 

136.685     Law enforcement personnel required to advise hypnosis subjects of consequences; consent of subject required

 

136.695     Evidence obtained in violation of ORS 136.675 or 136.685 inadmissible

 

PROCEDURE TO RELY ON ENHANCEMENT FACT AT SENTENCING

 

136.760     Definitions for ORS 136.765 to 136.785

 

136.765     Notice to defendant

 

136.770     Enhancement fact related to offense

 

136.773     Enhancement fact related to defendant

 

136.776     Effect of waiver of right to jury trial

 

136.780     Evidence

 

136.785     Burden of proof; effect of finding

 

136.790     Notice to defendant upon remand

 

136.792     Jury upon remand

 

GENERAL PROVISIONS

 

      136.001 Right to jury trial; waiver. (1) The defendant and the state in all criminal prosecutions have the right to public trial by an impartial jury.

      (2) Both the defendant and the state may elect to waive trial by jury and consent to a trial by the judge of the court alone, provided that the election of the defendant is in writing and with the consent of the trial judge. [1973 c.836 §221; 1997 c.313 §21]

 

      136.005 Challenge to jury panel. (1) The district attorney or the defendant in a criminal action may challenge the jury panel on the ground that there has been a material departure from the requirements of the law governing selection of jurors by filing a motion with the court supported by an affidavit alleging facts that, if true, constitute a material departure from the requirements of the law governing the selection of jurors. The party making the motion shall serve the motion and supporting affidavit on the other party, the trial court administrator and the State Court Administrator.

      (2) A challenge to the panel shall be made before the voir dire examination of the jury.

      (3) If the court determines that there has been a material departure from the requirements of the law governing selection of jurors, the court shall:

      (a) Stay the proceedings pending the selection of a jury panel in conformity with the applicable provisions of law; and

      (b) Grant such other relief as may be appropriate.

      (4) The procedures prescribed by this section are the exclusive means by which a district attorney or defendant may challenge a jury panel. [1973 c.836 §222; 2001 c.779 §17]

 

      136.010 When issue of fact arises. An issue of fact arises upon a plea of not guilty. [Amended by 1973 c.836 §223]

 

      136.020 [Repealed by 1973 c.836 §358]

 

      136.030 How issues are tried. An issue of law shall be tried by the judge of the court and an issue of fact by a jury of the county in which the action is triable. [Amended by 1973 c.836 §224]

 

      136.040 When presence of defendant is necessary. (1) If the charge is for a misdemeanor, the trial may be had in the absence of the defendant if the defendant appears by counsel; but if it is for a felony, the defendant shall appear in person.

      (2) Notwithstanding the provisions of subsection (1) of this section, if the charge is for a misdemeanor, the trial may be had in the absence of the defendant and defendant’s counsel if the misdemeanor is treated as a violation under ORS 161.566 or 161.568. [Amended by 1973 c.836 §225; 1993 c.533 §3; 1999 c.1051 §123]

 

      136.050 Degree of crime for which guilty defendant can be convicted when doubt as to degree exists. When it appears that the defendant has committed a crime of which there are two or more degrees and there is a reasonable doubt as to the degree of which the defendant is guilty, the defendant can be convicted of the lowest of those degrees only.

 

      136.060 Jointly charged defendants to be tried jointly; exception. (1) Jointly charged defendants shall be tried jointly unless the court concludes before trial that it is clearly inappropriate to do so and orders that a defendant be tried separately. In reaching its conclusion the court shall strongly consider the victim’s interest in a joint trial.

      (2) In ruling on a motion by a defendant for severance, the court may order the prosecution to deliver to the court for inspection in camera any statements or confessions made by any defendant that the prosecution intends to introduce in evidence at the trial. [Amended by 1983 c.705 §1; 1987 c.2 §6]

 

      136.070 Postponement of trial. When a case is at issue upon a question of fact and before the same is called for trial, the court may, upon sufficient cause shown by the affidavit of the defendant or the statement of the district attorney, direct the trial to be postponed for a reasonable period of time. [Amended by 1959 c.638 §18; 1973 c.836 §226]

 

      136.080 Deposition of witness as condition of postponement. When an application is made for the postponement of a trial, the court may in its discretion require as a condition precedent to granting the same that the party applying therefor consent that the deposition of a witness may be taken and read on the trial of the case. Unless such consent is given, the court may refuse to allow such postponement for any cause.

 

      136.090 Procedure for taking deposition. When the consent mentioned in ORS 136.080 is given, the court shall make an order appointing some proper time and place for taking the deposition of the witness, either by the judge thereof or before some suitable person to be named therein as commissioner and upon either written or oral interrogatories.

 

      136.100 Filing and use of deposition. Upon the making of the order provided in ORS 136.090, the deposition shall be taken and filed in court and may be read on the trial of the case in like manner and with like effect and subject to the same objections as in civil cases.

 

      136.110 Commitment of defendant after release. When a defendant who has been released appears for trial, the court may in its discretion at any time after such appearance order the defendant to be committed to actual custody to abide the judgment or further order of the court; and the defendant shall be committed and held in custody accordingly. [Amended by 1973 c.836 §227]

 

      136.120 Dismissal when prosecutor unprepared for trial. If, when the case is called for trial, the defendant appears for trial and the district attorney is not ready and does not show any sufficient cause for postponing the trial, the court shall order the accusatory instrument to be dismissed, unless, being of the opinion that the public interests require the accusatory instrument to be retained for trial, the court directs it to be retained. [Amended by 1973 c.836 §228]

 

      136.130 Effect of dismissal on subsequent prosecution for same crime. If the court orders the accusatory instrument to be dismissed and the instrument charges a felony or Class A misdemeanor, the order is not a bar to another action for the same crime unless the court so directs. If the court does so direct, judgment of acquittal shall be entered. If the accusatory instrument charges an offense other than a felony or Class A misdemeanor, the order of dismissal shall be a bar to another action for the same offense. [Amended by 1973 c.836 §229]

 

      136.140 Proceedings after judgment of acquittal. If, upon the dismissal of the accusatory instrument, the court gives judgment of acquittal, the same proceedings shall be had thereon in relation to the custody or release of the defendant as are prescribed in ORS 135.680. [Amended by 1973 c.836 §230]

 

      136.145 Setting of court dates when presence of victim required. When resetting any trial date or setting any court hearing requiring the presence of the victim, the court shall take the victim into consideration. The court shall inquire of the district attorney as to whether the victim has been informed of the prospective date and whether that date is convenient for the victim. [1987 c.2 §4]

 

      136.150 [Amended by 1963 c.503 §1; repealed by 1971 c.743 §432]

 

      136.160 [Amended by 1965 c.551 §1; repealed by 1971 c.743 §432]

 

SELECTION OF JURY

 

      136.210 Jury number; examination. (1) Except as provided in subsection (2) of this section, in criminal cases the trial jury shall consist of 12 persons unless the parties consent to a less number. It shall be formed, except as otherwise provided in ORS 136.220 to 136.250, in the same manner provided by ORCP 57 B, D(1)(a), D(1)(b), D(1)(g) and E. When the full number of jurors has been called, they shall thereupon be examined as to their qualifications, first by the court, then by the defendant and then by the state. After they have been passed for cause, peremptory challenges, if any, shall be exercised as provided in ORS 136.230.

      (2) In criminal cases in the circuit courts in which the only charges to be tried are misdemeanors, the trial jury shall consist of six persons. [Amended by 1973 c.836 §231; 1979 c.284 §112; 1979 c.488 §2; 1991 c.247 §1; 1995 c.658 §76]

 

      136.220 Challenge for implied bias. A challenge for implied bias shall be allowed for any of the following causes and for no other:

      (1) Consanguinity or affinity within the fourth degree to the person alleged to be injured by the offense charged in the accusatory instrument, to the complainant or to the defendant.

      (2) Standing in the relation of guardian and ward, attorney and client, physician and patient, master and servant, debtor and creditor, principal and agent or landlord and tenant with the:

      (a) Defendant;

      (b) Person alleged to be injured by the offense charged in the accusatory instrument; or

      (c) Complainant.

      (3) Being a member of the family, a partner in business with or in the employment of any person referred to in subsection (2)(a), (b) or (c) of this section or a surety in the action or otherwise for the defendant.

      (4) Having served on the grand jury which found the indictment or on a jury of inquest which inquired into the death of a person whose death is the subject of the indictment or information.

      (5) Having been one of a jury formerly sworn in the same action, and whose verdict was set aside or which was discharged without a verdict after the cause was submitted to it.

      (6) Having served as a juror in a civil action, suit or proceeding brought against the defendant for substantially the same act charged as an offense.

      (7) Having served as a juror in a criminal action upon substantially the same facts, transaction or criminal episode. [Amended by 1961 c.444 §1; 1967 c.372 §1; 1973 c.836 §232; 1999 c.1051 §252]

 

      136.230 Peremptory challenges. (1) If the trial is upon an accusatory instrument in which one or more of the crimes charged is punishable with imprisonment in a Department of Corrections institution for life or is a capital offense, both the defendant and the state are entitled to 12 peremptory challenges, and no more. In any trial before more than six jurors, both are entitled to six. In any trial before six jurors, both are entitled to three.

      (2) Peremptory challenges shall be taken in writing by secret ballot as follows:

      (a) The defendant may challenge two jurors and the state may challenge two, and so alternating, the defendant exercising two challenges and the state two until the peremptory challenges are exhausted.

      (b) After each challenge the panel shall be filled and the additional juror passed for cause before another peremptory challenge is exercised. Neither party shall be required to exercise a peremptory challenge unless the full number of jurors is in the jury box at the time.

      (c) The refusal to challenge by either party in order of alternation does not prevent the adverse party from exercising that adverse party’s full number of challenges, and such refusal on the part of a party to exercise a challenge in proper turn concludes that party as to the jurors once accepted by that party. If that party’s right of peremptory challenge is not exhausted, that party’s further challenges shall be confined, in that party’s proper turn, to such additional jurors as may be called.

      (3) Notwithstanding subsection (2) of this section, the defendant and the state may stipulate to taking peremptory challenges orally.

      (4) Peremptory challenges are subject to ORCP 57 D(4). [Amended by 1973 c.836 §233; 1977 c.63 §1; 1987 c.2 §7; 1987 c.320 §26; 1995 c.530 §2; 1997 c.801 §70]

 

      136.240 Challenge of accepted juror. If the peremptory challenges of the moving party are not already exhausted, the court may for good cause shown permit a challenge to be taken to any juror before the jury is completed and sworn, notwithstanding the juror challenged may have been theretofore accepted.

 

      136.250 Taking of challenges; number of challenges if two or more defendants. All peremptory challenges may be taken by the state or defendant, but when several defendants are tried together, the defendants are entitled to the number of challenges they would have had if each defendant had been tried separately. When two or more defendants are tried together, the state is entitled to the same total number of peremptory challenges as the sum of the peremptory challenges the defendants could have exercised. [Amended by 1973 c.836 §234; 1997 c.511 §2]

 

      136.260 Selection of alternate jurors; peremptory challenges. (1)(a) In the trial of a person charged with a crime, the court may in its discretion, after the jury is impaneled and sworn, direct the calling of additional jurors, to be known as “alternate jurors.” The court may call:

      (A) One to six additional jurors if the person is charged with a felony; and

      (B) One to three additional jurors if the person is charged with a misdemeanor.

      (b) Jurors called under paragraph (a) of this subsection:

      (A) Must be drawn from the same source and in the same manner and must have the same qualifications as other jurors in the case.

      (B) Are subject to the same examination and may be challenged in the same manner as other jurors.

      (c) In the drawing of alternate jurors, the names of jurors excused for cause or on peremptory challenges in the selection of the jury to which the jurors shall serve as alternates must be excluded from the names from which the drawing is made.

      (2) Each side is entitled to the following peremptory challenges in addition to those otherwise allowed by statute:

      (a) If one or two alternate jurors are to be impaneled, each side is entitled to one peremptory challenge.

      (b) If three or four alternate jurors are to be impaneled, each side is entitled to two peremptory challenges.

      (c) If five or six alternate jurors are to be impaneled, each side is entitled to three peremptory challenges.

      (3) The additional peremptory challenges may be used against an alternate juror only, and the other peremptory challenges allowed by statute may not be used against an alternate juror. [Amended by 1991 c.725 §1; 2003 c.358 §1]

 

      136.270 Oath, rules governing conduct and attendance of alternate jurors at trial. Alternate jurors shall take the same oath and shall be subject to the same laws, orders and rules, including any order preventing the separation of the jury during the trial, shall be seated near the other jurors in the case, with equal opportunity and facilities for seeing and hearing the proceedings and shall attend at all times upon the trial of the case in company with the other jurors.

 

      136.280 Substitution of alternate for juror dying or becoming disabled; dismissal. If, before the final submission of the case, any juror dies or is unable to perform the duty because of illness or other cause which the court deems sufficient, the juror shall be dismissed from the case. Except as provided by ORS 163.150, the court shall cause to be drawn the name of an alternate juror, who shall then become a member of the jury as though the alternate juror had been selected as one of the original jurors. Except as provided in ORS 136.773 (5), any alternate juror not selected to become a member of the jury shall be dismissed from the case upon its final submission to the jury. [Amended by 1991 c.725 §3; 2005 c.463 §§18,19; 2007 c.16 §8]

 

SCHEDULING OF TRIAL

 

      136.285 Priority in trial schedule for defendants in custody. The court shall endeavor to schedule trial dates for defendants in custody before defendants who have been released pending trial, subject however to rights of all defendants to be tried without unreasonable delay. [1971 c.323 §2]

 

      136.290 Limitation on time defendant held prior to trial; release of defendant if limit exceeded. (1) Except as provided in ORS 136.295, a defendant shall not remain in custody pending commencement of the trial of the defendant more than 60 days after the time of arrest unless the trial is continued with the express consent of the defendant. Absent the consent of the defendant or an extension under ORS 136.295, the court shall order that the trial of the defendant commence within 60 days after arrest if the state is prepared to proceed to trial.

      (2) If a trial is not commenced within the period required by subsection (1) of this section, the court shall release the defendant on the own recognizance of the defendant, or in the custody of a third party, or upon whatever additional reasonable terms and conditions the court deems just as provided in ORS 135.230 to 135.290. [1971 c.323 §§3, 4; 1973 c.836 §235; 1999 c.923 §1; amendments by 1999 c.923 §3 repealed by 2001 c.870 §19]

 

      136.295 Application of ORS 136.290. (1) ORS 136.290 does not apply to persons charged with crimes which are not releasable offenses under ORS 135.240 or to persons charged with conspiracy to commit murder, or charged with attempted murder, or to prisoners serving sentences resulting from prior convictions.

      (2) If the defendant is extradited from another jurisdiction, the 60-day period shall not commence until the defendant enters the State of Oregon, provided that law enforcement authorities from the other jurisdiction and this state have conducted the extradition with all practicable speed. The original 60-day period shall not be extended more than an additional 60 days, except where delay has been caused by the defendant in opposing the extradition.

      (3) Any reasonable delay resulting from examination or hearing regarding the defendant’s mental condition or competency to stand trial, or resulting from other motion or appeal by the defendant, shall not be included in the 60-day period.

      (4)(a) If a victim or witness to the crime in question is unable to testify within the original 60-day period because of injuries received at the time the alleged crime was committed or upon a showing of good cause, the court may order an extension of custody and postponement of the date of the trial of not more than 60 additional days. The court, for the same reason, may order a second extension of custody and postponement of the date of the trial of not more than 60 days, but in no event shall the defendant be held in custody before trial for more than a total of 180 days. A court may grant an extension based upon good cause as described in paragraph (b)(C), (D) or (E) of this subsection only if requested by the defendant or defense counsel or by the court on its own motion.

      (b) As used in this subsection, “good cause” means situations in which:

      (A) The court failed to comply with ORS 136.145 and the victim is unable to attend the trial;

      (B) The victim or an essential witness for either the state or the defense is unable to testify at the trial because of circumstances beyond the control of the victim or witness;

      (C) The attorney for the defendant cannot reasonably be expected to try the case within the 60-day period;

      (D) The attorney for the defendant has recently been appointed and cannot be ready to try the case within the 60-day period;

      (E) The attorney for the defendant is unable to try the case within the 60-day period because of conflicting schedules;

      (F) Scientific evidence is necessary and because of the complexity of the procedures it would be unreasonable to have the procedures completed within the 60-day period;

      (G) The defendant has filed notice under ORS 161.309 of the defendant’s intention to rely upon a defense of insanity, partial responsibility or diminished capacity; or

      (H) The defendant has filed any notice of an affirmative defense within the last 20 days of the 60-day period.

      (5) Any period following defendant’s arrest in which the defendant is not actually in custody shall not be included in the 60-day computation. [1971 c.323 §5; 1973 c.836 §236; 1999 c.923 §2; amendments by 1999 c.923 §4 repealed by 2001 c.870 §19; 2003 c.127 §3]

 

      136.300 Time limit on appeals to circuit court. A defendant who is in custody pending an appeal to circuit court from a judgment of a municipal court or justice court shall have the appeal of the defendant heard not more than 60 days after the defendant gives notice of appeal. [1971 c.323 §6; 1977 c.290 §3]

 

CONDUCT OF TRIAL

 

      136.310 Function of court; effect of judicial notice of a fact. All questions of law, including the admissibility of testimony, the facts preliminary to such admission and the construction of statutes and other writings and other rules of evidence shall be decided by the court. All discussions of law shall be addressed to it. Whenever the knowledge of the court is by statute made evidence of a fact, the court shall declare such knowledge to the jury, which is bound to accept it as conclusive, except as provided in ORS 40.085. [Amended by 1983 c.433 §4]

 

      136.320 Function of jury; acceptance of charge on law. Although the jury may find a general verdict, which includes questions of law as well as fact, it is bound, nevertheless, to receive as law what is laid down as such by the court; but all questions of fact, other than those mentioned in ORS 136.310, shall be decided by the jury, and all evidence thereon addressed to it.

 

      136.325 Jury not to be informed of and not to consider punishment that may be imposed. Except as required in ORS 161.313 and 163.150, the jury in a criminal proceeding may not be informed of, and may not consider, any punishment that the court may impose if the defendant is convicted of the charge. [1997 c.852 §10]

 

      Note: 136.325 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      136.330 Trial procedure; polling jurors in writing. (1) ORS 10.100 and ORCP 58 B, C and D and 59 B through F and G(1), (3), (4) and (5), apply to and regulate the conduct of the trial of criminal actions. The jury in a criminal action may, in the discretion of the court, be polled in writing. If the jury is polled in writing, the written results shall be sealed and placed in the court record.

      (2) ORCP 59 H applies to and regulates exceptions in criminal actions. [Amended by 1959 c.558 §31; 1979 c.284 §113; 1985 c.703 §27]

 

      136.340 [Repealed by 1973 c.836 §358]

 

      136.345 When attendance of woman officer is required. Whenever any woman or girl is interrogated with reference to the commission of any sexual crime, is accused of or charged with the commission of any sexual crime before any committing magistrate and is taken into custody therefor, or is called as a witness at a hearing before a committing magistrate with reference to any such class of crimes, and whether such crime has been committed by her or by some other person, she shall only be orally examined by or in the presence of a woman officer, appointed as provided in ORS 136.347. [Formerly 133.770]

 

      136.347 Appointment, duties and compensation of woman officer. The court or officer before whom any female person mentioned in ORS 136.345 is interrogated, taken into custody or called as a witness, shall appoint some suitable female person who shall conduct or be present at the examination of such accused person or witness or receive or be present at the receiving or making of any confession or statement which such accused person or witness desires to make. The compensation of any such person, when so appointed, shall be paid out of the general funds of the county wherein such proceeding is had by the county treasurer of the county, upon vouchers signed by the judge of the court or the officer making such appointment, which vouchers shall certify the nature and extent of the services performed and the amount of compensation due the person in whose favor the same is drawn. [Formerly 133.780]

 

      136.350 [Repealed by 1973 c.836 §358]

 

      136.360 [Repealed by 1961 c.288 §2]

 

      136.370 [Repealed by 1961 c.288 §2]

 

      136.380 [Repealed by 1961 c.288 §2]

 

      136.390 [Amended by 1957 c.380 §1; repealed by 1971 c.743 §432]

 

      136.400 [Repealed by 1971 c.743 §432]

 

      136.410 [Repealed by 1971 c.743 §432]

 

EVIDENCE

 

      136.415 Presumption as to innocence; acquittal in doubtful cases. A defendant in a criminal action is presumed to be innocent until the contrary is proved. In case of a reasonable doubt whether the guilt of the defendant is satisfactorily shown, the defendant is entitled to be acquitted. [Formerly 136.520]