by admin | May 14, 2021 | Criminal Procedure, Oklahoma
An indictment is an accusation in writing, presented by a grand jury to a competent court, charging a person with a public offense. R.L.1910, § 5717.
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
Every felony must be prosecuted by indictment or information in the district or superior court. Misdemeanors must be prosecuted by information, except as otherwise provided by law: Provided, however, that the district court or the judge thereof, may, by order made,...
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
When a magistrate has discharged a defendant, or has held him to answer, he must return immediately to the clerk of the district court of the county, the warrant, if any, the complaint, the depositions, if any have been taken, of all the witnesses examined before him,...
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
In case the person so arrested shall neglect or refuse to give said undertaking in the manner required by said magistrate or judge, he may issue a warrant of commitment against such person, which shall be delivered to said sheriff or other officer, whose duty it shall...
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
When, however, any material witness on the part of the people has been discharged on his undertaking, without surety, if afterwards, on the sworn application of the district attorney or other person on behalf of the state, made to the magistrate or to any judge, it...
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
If a witness, required to enter into an undertaking to appear and testify, either with or without sureties, refuse compliance with the order for that purpose, the magistrate must commit him to prison until he comply, or is legally discharged. R.L.1910, § 5689.
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