2015 ORS 135.125¹
Examination of defendants witnesses

After the waiver of the defendant to make a statement or after the defendant has made it, the witnesses of the defendant, if the defendant produces any, shall be sworn and examined. [Formerly 133.720]

Notes of Decisions

Under Oregon Constitu­tion, per­son may be charged with felony either by grand jury indict­ment or by district attorney in­for­ma­­tion after showing of probable cause at preliminary hearing, and it is within district attorneys discre­tion to decide which pro­ce­dure to use so long as exercise thereof complies with Equality of Privileges Clause of Oregon Constitu­tion. State v. Eells, 72 Or App 492, 696 P2d 564 (1985), Sup Ct review denied

Where defendant is initially charged by in­for­ma­­tion, but later indicted, defendant does not retain right to preliminary hearing unless use of indict­ment was for improper purpose. State v. Marsh, 132 Or App 416, 888 P2d 580 (1995)


1 Legislative Counsel Committee, CHAPTER 135—Arraignment and Pretrial Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors135.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 135, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano135.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.