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.
ORS 136.490
Known as the Uniform Act
The act spans §§ 136–136 (149 sections).
Applied in 1 court decision — leading case 287 Or. App. 443 - Norwood v. Premo (2017)
Most recently applied in 287 Or. App. 443 - Norwood v. Premo (August 2017)
Formerly 136.710
Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.