Applied in 12 court decisions — leading case State v. Thompson (1983)
Most recently applied in State v. Ehrensing (February 2013)
1973 c.836 §29; 2001 c.104 §43
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
The following proceedings will not constitute an acquittal of the same offense:
(1) If the defendant was formerly acquitted on the ground of a variance between the accusatory instrument and the proof; or
(2) If the accusatory instrument was:
(a) Dismissed upon a demurrer to its form or substance;
(b) Dismissed upon any pretrial motion; or
(c) Discharged for want of prosecution without a judgment of acquittal.
Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.