Oregon Revised Statutes

Or. Rev. Stat. § 136.050 (2026)

Reasonable doubt as to degree of crime committed by defendant

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136.050 Reasonable doubt as to degree of crime committed by defendant. When it appears that the defendant has committed a crime of which there are two or more degrees and there is a reasonable doubt as to the degree of which the defendant is guilty, the defendant can be convicted of the lowest of those degrees only.

Notes of Decisions

Cited in 3 cases, 1957–1974 · leading case: State v. Reyes, 308 P.2d 182 (Or. 1957).

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State v. Reyes, 308 P.2d 182 (Or. 1957). · cites it 2× “" ORS 136.050 provides: "When it appears that the defendant has committed a crime of which there are two or more degrees and there is a reasonable doubt as to the degree of which he is guilty, he can be convicted of the lowest of those degrees only.”

State v. McCoy, 521 P.2d 1074 (Or. Ct. App. 1974). · cites it 4× “In coming to our conclusion we cannot overlook ORS 136.050 which states: "When it appears that the defendant has committed a crime of which there are two or more degrees and there is a reasonable doubt as to the degree of which he is guilty, he can be convicted of the lowest of…”

State v. Jones, 405 P.2d 514 (Or. 1965). · cites it 2× “" ORS 136.050. (Emphasis supplied.) The majority state as a question of fact for the jury: Did the defendant have an irresistible passion when he stabbed the deceased? The statute makes no such requirement; the accent or thrust of the statute *150 is upon "a sudden heat of…”

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