by admin | May 14, 2021 | Criminal Procedure, Oklahoma
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...
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
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.
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
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.
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
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.
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
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 felony cases after preliminary hearing. The defendant must establish...
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
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...
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