by admin | May 14, 2021 | Criminal Procedure, Oklahoma
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,...
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
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.
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
The plea of not guilty puts in issue every material allegation in the indictment or information. R.L.1910, § 5805.
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
The court may, at any time before judgment, upon a plea of guilty, permit it to be withdrawn, and a plea of not guilty substituted.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.
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
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.
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
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...
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