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Oregon Revised Statutes

Or. Rev. Stat. § 135.640 (2026)

When objections that are grounds for demurrer may be taken

✓ current as of May 2026
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      135.640 When objections that are grounds for demurrer may be taken. When the objections mentioned in ORS 135.630 appear upon the face of the accusatory instrument, they can only be taken by demurrer, except that the objection to the jurisdiction of the court over the subject of the accusatory instrument, or that the facts stated do not constitute an offense, may be taken at the trial, under the plea of not guilty and in arrest of judgment. [Amended by 1973 c.836 §185]

Notes of Decisions
Cited in 25 cases (2 in the last 5 years), 1955–2023 · leading case: State v. Wimber, 843 P.2d 424 (Or. 1992).
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State v. Wimber, 843 P.2d 424 (Or. 1992). · cites it 6× “[4] Relying on ORS 135.640, [5] defendant contended that a demurrer on the ground that the facts stated did not constitute a crime, ORS 135.”
State v. McKenzie, 771 P.2d 264 (Or. 1989). · cites it 6× “Because ORS 135.640 permits such a challenge to be made in arrest of judgment, it is reasonable to allow such a challenge at the close of the state’s case.”
State v. Hankins, 151 P.3d 149 (Or. 2007). · cites it 5× “The second issue is whether ORS 135.640 permitted defendant to raise his objection to the indictment by some means other than a demurrer.”
Antoine v. Taylor, 499 P.3d 48 (Or. 2021). “” A different provision, ORS 135.640, provides that, “[w]hen the objections mentioned in ORS 135.”
State v. Marks, 400 P.3d 951 (Or. Ct. App. 2017). · cites it 2× “ORS 135.640 provides that, when the objections mentioned in ORS 136.”
State v. Caldwell, 69 P.3d 830 (Or. Ct. App. 2003). · cites it 2× “See ORS 135.640 (objection to the court’s jurisdiction or that the facts stated in the indictment do not constitute a crime may be made by demurrer or in arrest of judgment); see generally Waddill v.”
State v. White, 838 P.2d 605 (Or. Ct. App. 1992). · cites it 2× “Defendant argues that the court should have granted his demurrer to the complaint, because it did not specify the act that constituted menacing.”
State v. Batson, 580 P.2d 1066 (Or. Ct. App. 1978). · cites it 2× “ORS 135.640. As his second assignment of error defendant contends that the evidence was not sufficient to support a conviction for attempted burglary.”
State v. Hunt, 475 P.2d 596 (Or. Ct. App. 1970). · cites it 2× “ORS 135.640; State v. Martin, 54 Or. 403 , 103 P.”
State of Oregon v. Berry & Walker, 282 P.2d 347 (Or. 1955). · cites it 2× “" Nevada authorizes an appeal by the state from a judgment for defendant on demurrer to the indictment and also has a statute similar to ORS 135.640 permitting the objection to the jurisdiction of the court over the subject of the indictment or that the facts stated do not…”
State v. Tidyman, 635 P.2d 1355 (Or. Ct. App. 1981). “ORS 135.640; State v. Dolan, 40 Or App 447 , 595 P2d 836 (1979).”
State Ex Rel. Schrunk v. Bonebrake, 865 P.2d 1289 (Or. 1994). “8 ORS 135.640, 136.500, and 135.630 (1) and (4) provide that motions in arrest of judgment maybe made only on the ground that the grand jury had no authority to inquire into the crime or that the facts set forth in the indictment do not constitute an offense.”
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