Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 132.380

Whom the grand jury may indict

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      132.380 Whom the grand jury may indict. The grand jury may indict a person for a crime when it believes the person guilty thereof, whether such person has been held to answer for such crime or not. [Amended by 1973 c.836 §50]

Notes of Decisions
Cited in 10 cases, 1955–2020 · leading case: State Ex Rel. Automotive Emporium, Inc. v. Murchison
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State Ex Rel. Automotive Emporium, Inc. v. Murchison (1980) or · cites it 2× “), § 5(3); ORS 132.380 and 132.390. More simply put, the district attorney may elect whether the state shall initiate prosecution by way of a preliminary hearing or by way of the grand jury.”
State v. Haji (2020) or “310 (the grand jury “shall retire into a private room and may inquire into crimes committed or triable in the county and present them to the court, either by presentment or indictment”); ORS 132.380 (the grand jury “may indict a person for a crime when it believes the person…”
State v. Burleson (2007) or “” ORS 132.380. In deciding whether to issue an indictment, subject *705 to some exceptions, “the grand jury shall receive no other evidence than such as might be given on the trial of the person charged with the crime in question.”
Anderson v. Gladden (1963) or · cites it 2× “Anderson has made a final assignment of error based upon the fact that he did not have a preliminary hearing before he was indicted by the Klamath County grand jury. The assignment is without merit.”
ANDERSON Ex Rel POE v. GLADDEN (1955) or “ORS 132.380. And a failure to hold a preliminary hearing does not deprive the trial court of jurisdiction to try the ease upon such indictment.”
State v. Nichols (1964) or “See ORS 132.380. An illustration will explain the proper application of the statutes which permit resubmission of criminal matters to grand juries.”
Kellotat v. Cupp (1986) orctapp “Or Const, Art VII (Amended), § 5(3) to (5); ORS 132.380 to ORS 132.390; ORS 135.070 to ORS 135.”
State v. Silver (1965) or “See ORS 132.380. “* * * where the facts alleged in the first indictment have never been tried by a jury, the defendant’s status as an accused when the first indictment is held to be defective should be the same as it was before he was indicted.”
State v. Brent (1975) orctapp · cites it 2× “The state argues that if it is restricted to these two courses of action, ORS 132.380 is meaningless. We do not agree.”
State v. Ingberg (1983) orctapp “2 A person may be charged with a felony either by a grand jury indictment, Or Const, Art VII (amended), § 5(3)-(5); ORS 132.380; ORS 132.390, or by a district attorney’s information filed in circuit court after a showing of probable cause in a preliminary hearing before a…”
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