by admin | May 14, 2021 | Criminal Procedure, Oklahoma
The motion must be heard at the time it is made unless for good cause the court postpone the hearing to another time. R.L.1910, § 5784. R.L.1910, § 5784.
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
If the motion to set aside the indictment or information be not made the defendant is precluded from afterwards taking the objections mentioned in the last section. R.L.1910, § 5783.
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
All witnesses, including grand jurors, shall be bound to answer fully, and shall not be answerable for the testimony so given in any way, except for the crime of perjury committed in giving such evidence. When a grand juror has been fully examined as to his...
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
To enable the defendant to make proof of the matter set up as grounds for setting aside the indictment, or information, the defendant may file his application before any court of record in the county, setting out and alleging that he is being proceeded against in a...
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
The indictment or information must be set aside by the court, in which the defendant is arraigned, and upon his motion in any of the following cases:1. When it is not found, endorsed, presented or filed, as prescribed by the statutes or when the grand jury is not...
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
If the defendant do not require time, as provided in the last section, or if he do, then on the next day, or at such further day as the court may have allowed him, he may, in answer to the arraignment, either move the court to set aside the indictment, or information...
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