There is a newer version of the Oregon Revised Statutes
2013 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 135 - Arraignment and Pretrial Provisions
Section 135.470 - Motion to dismiss accusatory instrument on grounds of former jeopardy.
OR Rev Stat § 135.470 (2013) What's This?
(1) The court shall dismiss the accusatory instrument if, upon motion of the defendant, it appears, as a matter of law, that a former prosecution bars the prosecution for the offense charged.
(2) The time of making the motion and its effect shall be as provided for a motion to set aside the indictment in ORS 135.520 and 135.530.
(3) An order to dismiss the accusatory instrument on grounds of former jeopardy is a bar to a future prosecution of the defendant for the offense charged in the accusatory instrument. [1973 c.836 §177]
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