Title 22 — Title 22 — Criminal Procedure

On request of the defendant and consent of the prosecuting attorney in the demanding state and the prosecuting attorney in the asylum state, the trial court of general jurisdiction or such other court having appropriate jurisdiction in the asylum state may dispose of the offense …

supplemental. All relief available in the courts of the demanding state and in the courts of the asylum state shall be available to the court of the asylum state in rendering its judgment and satisfaction of the judgment of the asylum state shall constitute a complete satisfactio…

A. A defendant arrested or held in a state or district other than that in which the indictment or information is pending against him may state in writing that he wishes to plead guilty, to waive trial in the district in which the indictment or information is pending and to consen…

Members of the district attorney's staff shall perform duties in connection with the Bogus Check Restitution Program in addition to any other duties which are assigned by the district attorney. Added by Laws 1982, c. 93, § 5, operative Oct. 1, 1982.

bail. The Supreme Court, and Criminal Court of Appeals and district and superior courts within this state, or the judges thereof in vacation, shall have power to issue writs of habeas corpus, for the purpose of bringing the body of any person confined in any prison before them, t…

A. District attorneys shall prepare and submit an annual report to the District Attorneys Council showing total deposits and total expenditures in the Bogus Check Restitution Program. B. By September 15 of each year, the District Attorneys Council shall publish an annual report f…

defect - Sentencing - Appeal - Examination – Treatment. A. 1. An act committed by a person in a state of mental illness or mental defect shall be adjudicated as guilty with mental defect or as not guilty by reason of mental illness. 2. If a person is found guilty with mental defe…

When an indictment or information is called for trial, or upon conviction the defendant is brought up for judgment, if a doubt arise as to the sanity of the defendant, the court must order a jury to be impaneled from the jurors summoned and returned for the term, or who may be su…

The trial of the cause or the pronouncing the judgment, as the case may be, must be suspended until the question of insanity is determined by the verdict of the jury. R.L.1910, § 6051.

The trial of the question of insanity must proceed in the following order: 1. The counsel for the defendant must open the case and offer evidence in support of the allegation of insanity. 2. The counsel for the state may then open their case and offer evidence in support thereof.…

The provisions of the article on trials, in respect to the duty of the court upon questions of law, and of the jury upon questions of fact, and the provisions in respect to the charge of the court to the jury, upon the trial of an indictment or information, apply to the questions…

defendant sane. If the jury find the defendant sane, the trial of the indictment must proceed, or judgment may be pronounced as the case may be. R.L.1910, § 6054.

Commitment to state hospital. If the jury finds the defendant presently insane, the trial or judgment must be suspended until he becomes sane, and if the jury deem his discharge dangerous to the public peace or safety, the court shall order that the defendant be committed to one …

The commitment of the defendant as mentioned in the last section, exonerates his bail, or entitles the person authorized to receive the property of the defendant to the return of money he may have deposited instead of bail. R.L.1910, § 6056.

When the defendant becomes sane the sheriff must thereupon, without delay, place him in the proper custody until he be brought to trial or judgment, as the case may be, or be legally discharged. R.L.1910, § 6057.

The expenses of keeping the defendant are in the first instance chargeable to the county, but the county may recover them from the estate of the defendant, if he have any, or from a relative. R.L.1910, § 6058.

As used in Sections 1175.1 through 1176 of this title: 1. “Competent” or “competency” means the present ability of a person arrested for or charged with a crime to understand the nature of the charges and proceedings brought against him or her and to effectively and rationally as…

Notice - Suspension of criminal proceedings. A. No person shall be subject to any criminal procedures after the person is determined to be incompetent except as provided in Sections 1175.1 through 1175.8 of this title. The question of the incompetency of a person may be raised by…

accused - Instructions to physician. A. Upon filing of an application for determination of competency, the court shall set a hearing date, which shall be as soon as practicable, but at least one (1) day after service of notice as provided by Section 1175.2 of this title. B. The c…

Presumptions - Jury trial - Presence of accused - Witnesses - Instructions. A. A hearing to determine the competency of the person whose competency is in question shall be held within thirty (30) days after the qualified forensic examiner or examiners have made the determination …

The jury or the court, as the case may be, shall answer the following questions in determining the disposition of the person whose competency is in question: 1. Is the person incompetent to undergo further criminal proceedings at this time? If the answer is no, criminal proceedin…

Upon the finding by the jury or the court as provided by Section 1175.5 of this title, the court shall issue the appropriate order regarding the person as follows: 1. If the person is found to be competent, the criminal proceedings shall be resumed; 2. If the person is found to b…

reasonable time - Suspension of criminal proceedings - Civil commitment. A. If the person is found to be incompetent prior to conviction because he or she is a person requiring treatment as defined in Section 1-103 of Title 43A of the Oklahoma Statutes, but capable of achieving c…

Suspension of criminal proceedings - Placement - Conditional release. A. If the person is found to be incompetent primarily because the person is intellectually disabled as defined in Section 1408 of Title 10 of the Oklahoma Statutes and is also found by the court to be dangerous…

treatment or due to intellectual disability - Dangerous to self or others - Placement. A. If the person is found to be incompetent for reasons other than the person is a person requiring treatment as defined by Title 43A of the Oklahoma Statutes, or the person is intellectually d…

within reasonable time - Treatment order - Medical supervisor - Commitment - Private treatment - Involuntary commitment to Department of Human Services prohibited. A. If the person is found incompetent, but capable of achieving competency within a reasonable period of time, as de…

If the medical supervisor reports that the person appears to have achieved competency after a finding of incompetency, the court shall hold another competency hearing to determine if the person has achieved competency. If competency has been achieved, the criminal proceedings sha…

offense. A. If the defendant intends to raise the question of mental illness or insanity at the time of the offense, the defendant shall file notice with the court no later than thirty (30) days after formal arraignment. Additionally, if the defendant is financially unable to obt…

Any officer not subject to impeachment elected or appointed to any state, county, township, city, town or other office under the laws of the state may, in addition to any other methods and causes provided by law, be removed from office for any of the following causes: First. Habi…

All elective or appointed officers in this state, including elective or appointed officers of the state and elective or appointed officers in each county, city, town or school district of this state, but excluding any elective officers liable to impeachment, shall be subject to r…

The complaint, petition, accusation or proceeding for removal or ouster from office may include allegations or charges of any act or acts of commission, omission or neglect which may be committed, done or omitted during the term of office in which such ouster or removal proceedin…

An accusation in writing, charging such officer with any of the causes for removal mentioned in the first preceding section may be presented by the grand jury to the district court of the county in or for which the officer is elected or appointed: Provided, that in the case of a …

The accusation must state the offense charged, in ordinary and concise language, without repetition, and in such manner as to enable a person of common understanding to know what is intended. R.L.1910, § 5594.

After receiving the accusation, the judge to whom it is delivered must forthwith cause it to be transmitted to the district attorney of the county or subdivision, except when he is the officer accused, who must cause a copy thereof to be served upon the defendant, and required by…

The defendant must appear at the time appointed in the notice, and answer the accusation, unless, for sufficient cause, the court assigns another day for that purpose. If he do not appear, the court may proceed to hear and determine the accusation in his absence. R.L.1910, § 5596…

The defendant may answer the accusation either by objecting to the sufficiency thereof, or of any article therein, or by denying the truth of the same. R.L.1910, § 5597.

If he object to the legal sufficiency of the accusation the objection must be in writing but need not be in any specific form, it being sufficient if it present intelligibly the ground of the objections. R.L.1910, § 5598.

If he deny the truth of the accusation the denial may be oral and without oath and must be entered upon the minutes. R.L.1910, § 5599.

If an objection to the sufficiency of the accusation be not sustained the defendant must answer the accusation forthwith. R.L.1910, § 5600.

If the defendant plead guilty, or refuse to answer the accusation the court must render judgment of conviction against him. If he deny the matters charged, the court must proceed to try the accusation. R.L.1910, § 5601.

The trial must be by jury and conducted in all respects in the same manner as the trial of an indictment for a misdemeanor. R.L.1910, § 5602.

Upon a conviction, the court must pronounce judgment, that the defendant be removed from office. But to warrant a removal, the judgment must be entered upon the minutes, assigning therein the causes of removal. R.L.1910, § 5603.

In case an accusation is presented against the district attorney, the same shall be delivered by the judge to the clerk of his court, and by the clerk to such person as the judge shall appoint to act as prosecuting officer in the matter, and the person so appointed shall be autho…

accusation, when - Proceedings. The board of county commissioners may, in the case of any county or township officer, present such accusation and bring an action in the name of the county for the removal of such officer, and the district court shall have exclusive jurisdiction th…

or venue - Continuances - Filling vacancy temporarily - Voluntary suspension of county officers. (1) When the complaint for removal is filed, if, in addition to the matter charged as ground for removal, the complaint shall also pray that the officer charged be suspended from offi…

The question of fact shall be tried as in other actions, and if the accused is found guilty, the judgment shall be entered removing the officer from his office and declaring the latter vacant, or as provided for in the code of criminal procedure, and a copy thereof shall be certi…

This article shall not apply to the manner of removing members of the Legislature. R.L.1910, § 5608.

The party prosecuted in a criminal action is designated in this chapter as the defendant. R.L.1910, § 5546.

state. When the commission of a public offense, commenced without this state, is consummated within its boundaries, the defendant is liable to punishment therefor in this state, though the defendant were out of this state at the time of the commission of the offense charged if th…

When an inhabitant or resident of this state, by previous appointment or engagement, fights a duel, or is concerned as second therein, out of the jurisdiction of this state, and in the duel a wound is inflicted upon a person, whereof he dies in this state, the jurisdiction of the…