2017 ORS 136.490¹
Discharge of defendant upon acquittal
  • exception

If judgment of acquittal is given on a general verdict and the defendant is not detained for any other legal cause, the defendant shall be discharged as soon as the judgment is given, except that, when the acquittal is for variance between the proof and the accusatory instrument, which may be obviated by a new accusatory instrument, the court may order the detention of the defendant, to the end that a new accusatory instrument may be preferred, in the same manner and with like effect, as provided in ORS 135.540 (Effect of resubmission of case). [Formerly 136.710]

Notes of Decisions

This sec­tion permits pros­e­cu­­tion for two of­fenses arising out of the same transac­tion which may in fact be the same of­fense, if defendant is acquitted of the first charge on the ground of variance between indict­ment and the proof. State v. Ayers, 16 Or App 655, 520 P2d 449 (1974), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 136—Criminal Trials, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors136.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 136, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano136.­html (2017) (last ac­cessed Mar. 30, 2018).
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.