2013 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 135 - Arraignment and Pretrial Provisions
Section 135.630 - Grounds of demurrer.
The defendant may demur to the accusatory instrument when it appears upon the face thereof:
(1) If the accusatory instrument is an indictment, that the grand jury by which it was found had no legal authority to inquire into the crime charged because the same is not triable within the county;
(2) If the accusatory instrument is an indictment, that it does not substantially conform to the requirements of ORS 132.510 to 132.560, 135.713, 135.715, 135.717 to 135.737, 135.740 and 135.743;
(3) That the accusatory instrument charges more than one offense not separately stated;
(4) That the facts stated do not constitute an offense;
(5) That the accusatory instrument contains matter which, if true, would constitute a legal justification or excuse of the offense charged or other legal bar to the action; or
(6) That the accusatory instrument is not definite and certain. [Amended by 1973 c.836 §184]
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
