by admin | May 14, 2021 | Criminal Procedure, Oklahoma
If an indictment or information for the higher offense is filed within a year next thereafter, he must be tried thereon, and a plea of former acquittal to such last prosecution is not sustained by the fact of the discharge of the jury on the first indictment or...
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
If it appear by the testimony that the facts proved constitute an offense of a higher nature than that charged in the indictment or information, the court may direct the jury to be discharged, and all proceedings on the indictment or information to be suspended, and...
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
When two or more persons are included in the same indictment or information, and the court is of opinion that in regard to a particular defendant there is not sufficient evidence to put him on his defense, it must, before the evidence is closed, in order that he may...
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
When two or more persons are included in the same indictment or information, the court may, at any time before the defendants have gone into their defense, on the application of the district attorney, direct any defendant to be discharged from the indictment or...
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
When it appears that a defendant has committed a public offense and there is reasonable ground of doubt in which of two or more degrees he is guilty, he can be convicted of the lowest of such degree only. R.L.1910, § 5877.
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
A defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt as to whether his guilt is satisfactorily shown, he is entitled to be acquitted. R.L.1910, § 5875.
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