State v. Livingston

I disagree with the majority’s conclusion that the trial judge erred in overruling defendant’s demurrer to the indictment. Therefore, I respectfully dissent.

This is a case of first impression in Oregon. There is authority from other states that supports the majority’s conclusion that a charging instrument is defective if it does not allege facts tolling the Statute of Limitations. However, there is also federal and state authority that supports the conclusion that the question of limitations is merely a matter of proof at trial. See Annot, “Necessity of Alleging in Indictment or Information…