Title 22 — Title 22 — Criminal Procedure

If, on the arraignment, the defendant require it, he must be allowed until the next day, or such further time may be allowed him as the court may deem reasonable, to answer the indictment or information. R.L.1910, § 5778.

If the defendant do not require time, as provided in the last section, or if he do, then on the next day, or at such further day as the court may have allowed him, he may, in answer to the arraignment, either move the court to set aside the indictment, or information or may demur…

The indictment or information must be set aside by the court, in which the defendant is arraigned, and upon his motion in any of the following cases: 1. When it is not found, endorsed, presented or filed, as prescribed by the statutes or when the grand jury is not drawn and impan…

To enable the defendant to make proof of the matter set up as grounds for setting aside the indictment, or information, the defendant may file his application before any court of record in the county, setting out and alleging that he is being proceeded against in a certain court,…

information. All witnesses, including grand jurors, shall be bound to answer fully, and shall not be answerable for the testimony so given in any way, except for the crime of perjury committed in giving such evidence. When a grand juror has been fully examined as to his qualifica…

If the motion to set aside the indictment or information be not made the defendant is precluded from afterwards taking the objections mentioned in the last section. R.L.1910, § 5783.

The motion must be heard at the time it is made unless for good cause the court postpone the hearing to another time. R.L.1910, § 5784. R.L.1910, § 5784.

If the motion be denied, the defendant must immediately answer to the indictment, either by demurring or pleading thereto. R.L.1910, § 5785.

exonerated, when. If the motion be granted the court must order that the defendant, if in custody, be discharged therefrom, or if admitted to bail, that his bail be exonerated, or if he have deposited money instead of bail, that the money be refunded to him unless it direct that …

"court clerk" defined. As used in Title 22 of the Oklahoma Statutes, the term "court" or "courts of the state" or "courts in the state" shall mean the district court of the State of Oklahoma as defined in Section 91.1 of Title 20 of the Oklahoma Statutes, and the term "court cler…

The term writing includes printing. R.L.1910, § 5539.

A person who has entered into an undertaking to keep the peace must appear on the first day of the next term of the district court of the county. If he do not, the court may forfeit his undertaking, and order it to be prosecuted unless his default be excused. R.L.1910, § 5570.

If the court direct that the case be resubmitted, the defendant, if already in custody, must so remain, unless he be admitted to bail; or if already admitted to bail, or money have been deposited instead thereof, the bail or money is answerable for the appearance of the defendant…

An order to set aside an indictment or information as provided in this article is no bar to a further prosecution for the same offense. R.L.1910, § 5788.

The only pleading on the part of the defendant is either a demurrer or a plea. R.L.1910, § 5789.

Both the demurrer and the plea must be put in open court, either at the time of the arraignment or at such other time as may be allowed to the defendant for that purpose. R.L.1910, § 5790.

The defendant may demur to the indictment or information when it appears upon the face thereof either: 1. That the grand jury by which an indictment was found had no legal authority to inquire into the offense charged, by reason of its not being within the legal jurisdiction of t…

Setting aside of indictment or information - Double jeopardy - Denial of motion. A. In addition to a demurrer to the indictment or information, as provided in Section 504 of Title 22 of the Oklahoma Statutes, the defendant may file a motion to quash for insufficient evidence in f…

The demurrer must be in writing, signed either by the defendant or his counsel, and filed. It must distinctly specify the grounds of the objection to the indictment or information, or it must be disregarded. R.L.1910, § 5792.

Upon the demurrer being filed, the objections presented thereby must be heard, either immediately or at such time as the court may appoint. R.L.1910, § 5793.

Upon considering the demurrer, the court must give judgment either sustaining or overruling it, and an order to that effect must be entered upon the minutes. R.L.1910, § 5794.

If the demurrer is sustained, the judgment is final upon the indictment or information demurred to, and is a bar to another prosecution for the same offense, unless the court, being of opinion that the objection on which the demurrer is sustained may be avoided in a new indictmen…

exonerated, when. If the court do not direct the case to be further prosecuted, the defendant, if in custody, must be discharged, or if admitted to bail, his bail is exonerated, or if he have deposited money instead of bail, the money must be refunded to him. R.L.1910, § 5796.

If the complainant do not appear, the person complained of may be discharged, unless good cause to the contrary be shown. R.L.1910, § 5571.

If the court direct that the case be further prosecuted, the same proceedings must be had thereon as are prescribed in this article. R.L.1910, § 5797.

If the demurrer be overruled, the court must permit the defendant, at his election, to plead, which he must do forthwith, or at such time as the court may allow. If he does not plead, judgment may be pronounced against him. R.L.1910, § 5798.

When the objections mentioned in Section 504 appear upon the face of the indictment or information, they can only be taken by demurrer, except that the objection to the jurisdiction of the court over the subject of the indictment or information, or that the facts stated do not co…

There are four kinds of pleas to an indictment or information. A plea of: First, Guilty. Second, Not guilty. Third, Nolo contendere, subject to the approval of the court. The legal effect of such plea shall be the same as that of a plea of guilty, but the plea may not be used aga…

Every plea must be oral and must be entered upon the minutes of the court. R.L.1910, § 5801.

The plea must be entered in substantially the following form: 1. If the defendant plead guilty: The defendant pleads that he is guilty of the offense charged in this indictment or information. 2. If he plead not guilty: The defendant pleads that he is not guilty of the offense ch…

A plea of guilty can in no case be put in, except by the defendant himself, in open court, unless upon an indictment or information against a corporation, in which case it can be put in by counsel. R.L.1910, § 5803.

The court may, at any time before judgment, upon a plea of guilty, permit it to be withdrawn, and a plea of not guilty substituted. R.L.1910, § 5804.

The plea of not guilty puts in issue every material allegation in the indictment or information. R.L.1910, § 5805.

All matters of fact tending to establish a defense other than specified in third subdivision of Section 5710 may be given in evidence under the plea of not guilty. R.L.1910, § 5806.

If both parties appear, the court may hear their proofs and allegations, and may either discharge the undertaking or require a new one for a time not exceeding one (1) year. R.L.1910, § 5572.

If the defendant was formally acquitted on the ground of variance between the indictment or information and proof, or the indictment or information was dismissed upon an objection to its form or substance, or in order to hold the defendant for a higher offense, without a judgment…

When, however, he was acquitted on the merits, he is deemed acquitted of the same offense, notwithstanding a defect in form or substance in the indictment or information on which he was acquitted. R.L.1910, § 5808.

When the defendant shall have been convicted or acquitted upon an indictment or information, the conviction or acquittal is a bar to another indictment or information for the offense charged in the former, or for an attempt to commit the same, or for an offense necessarily includ…

If the defendant refuse to answer the indictment or information by demurrer or plea, a plea of not guilty must be entered. R.L.1910, § 5810.

request - Witnesses - Dismissal. Upon the return and filing of an indictment for a felony, the defendant so charged and arrested thereon, or the state, upon filing a request in writing, shall be entitled to have a copy of said indictment, certified by the court clerk, filed with …

An undertaking to keep the peace is broken on the failure of a person complained of to appear at the district court as provided in Section 5570, or upon his being convicted of a breach of the peace. R.L.1910, § 5573.

Upon the county attorney producing evidence of such conviction to the district court to which the undertaking is returned, that court must order the undertaking to be prosecuted, and the county attorney must thereupon commence an action upon it in the name of this State. R.L.1910…

In the action the offense stated in the record of conviction must be alleged as the breach of the undertaking, and such record is conclusive evidence thereof. R.L.1910, § 5575. d

Security to keep the peace or to be of good behavior cannot be required, except as prescribed in this article. R.L.1910, § 5576.

and evidence - Removal as to part of defendants. Any criminal cause pending in the district court may, at any time before the trial is begun, on the application of the defendant be removed from the county in which it is pending to some other county in said judicial district, when…

A. The order of removal from the county must be entered upon the minutes and the court clerk must thereupon make out, and within ten (10) days transmit to the county to which the action is removed, a certified copy of the order of removal and the record, and shall transmit the pl…

If the defendant is in custody, the order must provide for the removal of the defendant, by the sheriff of the county where he is imprisoned, to the custody of the proper officer of the county to which the action is removed, and he must be removed according to the terms of such o…

When the court has ordered a removal of the action, it may require the accused, if the offense be then bailable, to enter into an undertaking with good and sufficient sureties to be approved by the court, in such sum as the court may direct conditioned for his appearance in the c…

When a removal of the action is allowed, the court may recognize the witnesses on the part of the state to appear before the court to which the defendant is to be tried. R.L.1910, § 5820.

The court to which the action is removed must proceed to trial and judgment therein the same in all respects as if the action had been commenced in such court. If it is necessary to have any of the original pleadings or other papers before such court, the court from which the act…