(1) The indictment shall be set aside by the court upon the motion of the defendant in either of the following cases:
- (a) When it is not found, indorsed and presented as prescribed in ORS 132.360, 132.400 to 132.430 and 132.580.
- (b) When the names of the witnesses examined before the grand jury are not inserted at the foot of the indictment or indorsed thereon.
- (2) Subsection (1)(b) of this section does not apply if the absence of a witness’s name is permitted under ORS 132.580.
[Amended by 1959 c.426 §2; 1973 c.836 §178; 2019 c.338 §3]