ORS 135.725¹
Person injured or intended to be injured

When a crime involves the commission of or an attempt to commit a private injury and is described with sufficient certainty in other respects to identify the act, an erroneous allegation as to the person injured or intended to be injured is not material. [Formerly 132.630]

See also annota­tions under ORS 132.630 in permanent edi­tion.

Notes of Decisions

An indict­ment for obtaining prop­erty by false pretenses containing an erroneous allega­tion as to the ownership of the prop­erty was sufficient under this sec­tion. State v. Alden, 8 Or App 519, 495 P2d 302 (1972)

Allega­tions of ownership were re­quired as part of descrip­tion of stolen prop­erty, not as ele­ment of crime of theft, but to protect defendants from possibility of being charged twice for same of­fense. State v. Hull, 33 Or App 183, 575 P2d 1015 (1978), aff’d 286 Or 511, 595 P2d 1240 (1979)

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