by admin | May 14, 2021 | Criminal Procedure, Oklahoma
When an offense involves the commission of, or an attempt to commit a private injury, and is described with sufficient certainty in other respects to identify the act, an erroneous allegation as to the person injured, or intended to be injured, is not material....
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
The precise time at which the offense was committed need not be stated in the indictment or information; but it may be alleged to have been committed at any time before the finding thereof, except where the time is a material ingredient in the offense. R.L.1910, §...
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
The indictment or information must charge but one offense, but where the same acts may constitute different offenses, or the proof may be uncertain as to which of two or more offenses the accused may be guilty of, the different offenses may be set forth in separate...
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
When a defendant is indicted or prosecuted by a fictitious or erroneous name, and in any stage of the proceedings his true name is discovered, it must be inserted in the subsequent proceedings, referring to the fact of his being charged by the name mentioned in the...
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
The indictment or information must be direct and certain as it regards:1. The party charged.2. The offense charged.3. The particular circumstances of the offense charged, when they are necessary to constitute a complete offense. R.L.1910, § 5739.
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
The indictment or information must contain:1. The title of the action, specifying the name of the court to which the indictment or information is presented, and the names of the parties.2. A statement of the acts constituting the offense, in ordinary and concise...
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