Oregon Revised Statutes
Or. Rev. Stat. § 133.823 (2026)
When guilt of accused may be inquired into
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133.823 When guilt of accused may be inquired into. The guilt or innocence of the accused as to the crime of which the accused is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition, accompanied by a charge of crime in legal form as provided in ORS 133.743 to 133.817, shall have been presented to the Governor, except as it may be involved in identifying the person held as the person charged with the crime. [Formerly 147.200]
Notes of Decisions
Cited in 2
cases, 1989–1997 · leading case: Thomas v. Keeney, 771 P.2d 249 (Or. 1989).
Thomas v. Keeney, 771 P.2d 249 (Or. 1989). “Ex Parte Montoya, 170 Or 499, 503 , 135 P2d 281 (1943); see also ORS 133.823. In Montoya , this court defined “fugitive”: “* * * A fugitive from justice is a person who commits a crime within a state and withdraws himself from such jurisdiction without waiting to abide the…”
State ex rel. Whelan v. Noelle, 947 P.2d 1120 (Or. 1997). “Assuming for the sake of argument that the uniform act does apply, I do not presently believe that the uniform act, with particular reference to ORS 133.823, can prevent or suspend the use of the writ of habeas corpus to determine whether there exists a lawful basis for…”
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