Or. Rev. Stat. » Oregon Revised Statutes
Oregon Revised Statutes

Or. Rev. Stat. § 136.490 (2026)

Discharge of defendant upon acquittal; exception

✓ current as of May 2026
Find cases: SyfertCases citing this section ORSoregonlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

      136.490 Discharge of defendant upon acquittal; exception. 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. [Formerly 136.710]

Notes of Decisions
Cited in 3 cases, 1990–2017 · leading case: Norwood v. Premo, 403 P.3d 502 (Or. Ct. App. 2017).
Sort: Relevance Newest Treatment
Norwood v. Premo, 403 P.3d 502 (Or. Ct. App. 2017). “A motion for judgment of acquittal is not necessarily a good fit. See ORS 136.”
State v. Carrillo, 790 P.2d 1159 (Or. Ct. App. 1990). “” 4 ORS 136.490 provides: “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…”
State v. McCauley, 851 P.2d 608 (Or. Ct. App. 1993). “ORS 136.490. Under ORS 136.495, when the jury returned a “guilty” verdict and the court received that verdict, defendant’s custody status was the result of the jury’s verdict, whether the trial court expressly said so or not.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.