ORS 135.640¹
When objections that are grounds for demurrer may be taken

When the objections mentioned in ORS 135.630 (Grounds of demurrer) appear upon the face of the accusatory instrument, they can only be taken by demurrer, except that the objection to the jurisdiction of the court over the subject of the accusatory instrument, or that the facts stated do not constitute an offense, may be taken at the trial, under the plea of not guilty and in arrest of judgment. [Amended by 1973 c.836 §185]

Notes of Decisions

Mo­tion for judg­ment of acquittal at conclusion of state’s case based on alleged vagueness of underlying crim­i­nal statutes should be construed by trial courts as premature mo­tion in arrest of judg­ment and mo­tion should be denied with leave to review mo­tion after verdict. State v. McKenzie, 307 Or 554, 771 P2d 264 (1989)

Completed Cita­tions

State v. Zimmerlee, 261 Or 49, 492 P2d 795 (1972)

Law Review Cita­tions

2 EL 230-274 (1971)

1 Legislative Counsel Committee, CHAPTER 135—Arraignment and Pretrial Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors135.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 135, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano135.­html (2019) (last ac­cessed May 16, 2020).
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. Currency Information