133.740; 1991 c.790 �14] ����� 135.150 [Repealed by 1973 c.836 �358] ����� 135.155 Retention of record and statements by magistrate; inspection. The magistrate shall keep the record of the pre

133.740; 1991 c.790 �14]

����� 135.150 [Repealed by 1973 c.836 �358]

����� 135.155 Retention of record and statements by magistrate; inspection. The magistrate shall keep the record of the preliminary hearing and the statement of the defendant, if any, until the record is returned to the proper court and shall not permit the record to be inspected by any person, except the district attorney of the county or the attorney who acts for the district attorney and the defendant and the counsel of the defendant. [Formerly 133.750; 1991 c.790 �15]

����� 135.160 [Repealed by 1973 c.836 �358]

����� 135.165 Counsel for complainant; district attorney. The complainant may employ counsel to appear against the defendant in every stage of the preliminary hearing; but the district attorney for the county, either in person or by some attorney authorized to act for the district attorney, is entitled to appear on behalf of the state and control and direct the prosecution. [Formerly 133.760]

����� 135.170 [Repealed by 1973 c.836 �358]

����� 135.173 Oregon Evidence Code to apply in preliminary hearings; exception. The Oregon Evidence Code shall apply in any preliminary hearing under this chapter, except that hearsay may be admitted if the court determines that it would impose an unreasonable hardship on one of the parties or on a witness to require that the primary source of the evidence be produced at the hearing, and if the witness furnishes information bearing on the informant�s reliability and, as far as possible, the means by which the information was obtained. [1981 c.892 �88b]

(Discharge or Commitment)

����� 135.175 Discharge. After hearing the evidence and the statement of the defendant, if the defendant has made one, unless there is a showing of probable cause that a crime has been committed and that the defendant committed it, the magistrate shall dismiss the information and order the defendant to be discharged. [Formerly 133.810]

����� 135.180 [Repealed by 1973 c.836 �358]

����� 135.185 Holding defendant to answer; use of hearsay evidence. If it appears from the preliminary hearing that there is probable cause to believe that a crime has been committed and that the defendant committed it, the magistrate shall make a written order holding the defendant for further proceedings on the charge. When hearsay evidence was admitted at the preliminary hearing, the magistrate, in determining the existence of probable cause, shall consider:

����� (1) The extent to which the hearsay quality of the evidence affects the weight it should be given; and

����� (2) The likelihood of evidence other than hearsay being available at trial to provide the information furnished by hearsay at the preliminary hearing. [Formerly