2017 ORS 136.643¹
Defendant as witness

In the trial of or examination upon any indictment, complaint, information or other proceeding before any court, magistrate, jury or other tribunal against a person accused or charged with the commission of a crime, the person so charged or accused shall, at the own request of the person, but not otherwise, be deemed a competent witness, the credit to be given to the testimony of the person being left solely to the jury, under the instructions of the court, or to the discrimination of the magistrate, grand jury or other tribunal before which such testimony is given. The waiver of the person of this right creates no presumption against the person. The defendant or accused, when offering testimony as a witness in the own behalf of the defendant, gives the prosecution a right to cross-examination upon all facts to which the defendant or accused has testified and which tend to the conviction or acquittal of the defendant or accused. [Formerly 139.310]

See also annota­tions under ORS 139.310 in permanent edi­tion.

Notes of Decisions

A co-indictee may be compelled to testify as to a crime for which he has been acquitted, convicted or pleaded guilty. State v. Denniston, 8 Or App 64, 491 P2d 1189 (1971), Sup Ct review denied

A defendant may be forced to testify to the com­mis­sion of a crime other than the one for which he is being tried if the evidence is independently relevant and the probative value outweighs its prejudicial influence. State v. Spunaugle, 11 Or App 583, 504 P2d 756 (1972)

The relevance of defendant’s testimony as to the com­mis­sion of a crime other than the one for which he was being tried was outweighed by the prejudicial value. State v. Spunaugle, 11 Or App 583, 504 P2d 756 (1972)

Completed Cita­tions

State v. Howard, 6 Or App 230, 486 P2d 1301 (1971), 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.