reglab/housing_qa huggingface dataset:
22 OK Stat § 22-745 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-745. Murder, burden of proof in mitigation of.

|Upon a trial for murder, the commission of the homicide by the defendant being proven, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable. |R.L.1910, § 5902.
22 OK Stat § 22-746 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-746. Bigamy, proof on trial for.

|Upon a trial for bigamy, it is not necessary to prove either of the marriages by the register, certificate or other record evidence thereof, but the same may be proved by such evidence as is admissible to prove a marriage in other cases, and when the second marriage took place out of the state, proof of that fact accompanied with proof of cohabitation thereafter in this state, is sufficient to sustain the charge. |R.L.1910, § 5903.
22 OK Stat § 22-747 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-747. Forgery of bill or note of corporation or bank, proof on trial for.

|Upon a trial for forgery any bill or note purporting to be a bill or note of an incorporated company or bank, or for passing or attempting to pass, or having in possession with intent to pass, any such forged bill or note, it is not necessary to prove the incorporation of such bank or company by the charter or act of incorporation, but it may be proved by general reputation, and persons of skill are competent witnesses to prove that such bill or note is forged or counterfeited. |R.L.1910, § 5904.
22 OK Stat § 22-748 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-748. Perjury in court, evidence as to.

|In cases of perjury, where the perjury is charged to have been committed in a court, it shall be sufficient to show that the oath was administered by any officer of the court authorized so to do, or that the defendant testified and gave his testimony as under oath, or if the question be in doubt as to what particular officer administered the oath, it may be shown that it was administered by any officer authorized so to do. |R.L.1910, § 5909.
22 OK Stat § 22-749 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-749. Sworn statements taken by district attorney or peace officer of persons having knowledge of criminal offense - Use.

|A. In the investigation of a criminal offense, the district attorney or any peace officer may take the sworn statement of any person having knowledge of such criminal offense. Any person charged with a crime shall be entitled to a copy of any such sworn statement upon the same being obtained. |B. If a witness in a criminal proceeding gives testimony upon a material issue of the case contradictory to his previous sworn statement, evidence may be introduced that such witness has previously made a statement under oath contradictory to such testimony.Laws 1969, c. 224, § 1, emerg. eff. April 21, 1969.
22 OK Stat § 22-761 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-761. Conditional examination of witnesses.

|When a defendant has been held to answer a charge for a public offense, the defendant or the State of Oklahoma may either before or after indictment or information, have witnesses examined conditionally on his behalf as prescribed in this article, and not otherwise. |R.L. 1910, § 6025. Amended by Laws 1994, c. 292, § 5, eff. Sept. 1, 1994.
22 OK Stat § 22-762 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-762. Conditional examinations in certain cases.

|When a material witness in any criminal case is about to leave the state, or is so sick or infirm as to afford reasonable grounds for apprehending that he will be unable to attend the trial, the defendant or the State of Oklahoma may apply for an order that the witness be examined conditionally. |Amended by Laws 1983, c. 126, § 2, operative July 1, 1983.
22 OK Stat § 22-762.1 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-762.1. Order for conditional examination of witnesses.

|Where the magistrate terminated the preliminary hearing pursuant to Section 258 of Title 21 of the Oklahoma Statutes and a witness subsequently refuses an interview with counsel for the opposing party, the defendant or the State of Oklahoma may apply for an order that the witness be examined conditionally. |Added by Laws 1994, c. 292, § 6, eff. Sept. 1, 1994.
22 OK Stat § 22-763 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-763. Affidavit on application for conditional examination.

|The application must be made upon affidavit stating: |First. The nature of the offense charged.Second. The state of the proceedings in the action.Third. The name and residence of the witness, and that his testimony is material to the defense of the action.Fourth. That the witness is about to leave the state, or is so sick or infirm as to afford reasonable grounds for apprehending that he will not be able to attend the trial, or that the magistrate terminated the preliminary hearing pursuant to Section 258 of this title and that the witness refuses to grant an interview to counsel regarding the material issues for trial.R.L. 1910, § 6027. Amended by Laws 1994, c. 292, § 7, eff. Sept. 1, 1994.
22 OK Stat § 22-764 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-764. Application made to court or judge - Notice.

|The application may be made to the court or to a judge thereof, and must be made upon five (5) days notice to the counsel for the opposing party, if any. |R.L. 1910, § 6028. Amended by Laws 1994, c. 292, § 8, eff. Sept. 1, 1994.
22 OK Stat § 22-765 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-765. Order for examination - Testimony by alternative method.

|If the court or judge is satisfied that the examination of the witness is necessary an order must be made that the witness be examined conditionally at a specified time and place, and that a copy of the order be served on counsel for the opposing party within a specified time before that fixed for the examination. If the witness is a child under thirteen (13) years of age or a vulnerable adult as defined in Section 10-103 of Title 43A of the Oklahoma Statutes, the court can allow the witness to testify through an alternative method pursuant to the provisions of the Uniform Child Witness Testimony by Alternative Methods Act or Section 2611.2 of Title 12 of the Oklahoma Statutes. |R.L. 1910, § 6029. Amended by Laws 1994, c. 292, § 9, eff. Sept. 1, 1994; Laws 2004, c. 445, § 3, emerg. eff. June 4, 2004.
22 OK Stat § 22-766 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-766. Examination before magistrate or certified court reporter.

|The order must direct that the examination be taken before a magistrate named therein or upon agreement of both the state and defendant before a certified court reporter. The defendant must be present for the examination to proceed, unless the presence of the defendant is waived by both parties. |R.L. 1910, § 6030. Amended by Laws 1994, c. 292, § 10, eff. Sept. 1, 1994.
22 OK Stat § 22-767 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-767. When examination shall not proceed.

|If the district attorney or other counsel appear on behalf of the people, and it is shown to the satisfaction of the magistrate by affidavit or other proof, or on examination of the witness, that he is not about to leave the state, or is not sick or infirm, or that the application was made to avoid the examination of the witness on trial, or that the preliminary hearing was not terminated pursuant to Section 258 of this title and that the witness is not refusing to grant an interview to counsel, the examination cannot take place; otherwise, it must proceed. |R.L. 1910, § 6031. Amended by Laws 1994, c. 292, § 11, eff. Sept. 1, 1994.
22 OK Stat § 22-768 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-768. Attendance of witness enforced, how.

|The attendance of the witness may be enforced by subpoena issued by the magistrate before whom the examination is to be taken, or from the court where the trial is to be had. |R.L.1910, § 6032.
22 OK Stat § 22-769 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-769. Taking and authentication of testimony.

|The testimony given by the witness must be reduced to writing. The magistrate before whom the examination is had may, in his discretion, order the testimony and proceedings to be taken down in shorthand, and for that purpose he may appoint a shorthand reporter. The deposition or testimony of the witness must be authenticated in the following form: |1. It must state the name of the witness, his place of residence and his business or profession.2. It must contain the questions put to the witness and his answers thereto, each answer being distinctly read to him as it is taken down, and being corrected or added to until it conforms to what he declares is the truth; except in cases where the testimony is taken down in shorthand, the answer or answers of the witness need not be read to him.3. If the witness declines answering a question, that fact with the ground on which the answer was declined must be stated.4. The deposition must be signed by the witness, or if he refuse to sign it, his reason for refusing must be stated in writing as he gives it; except in cases where the deposition is taken down in shorthand, it must not be signed by the witness.5. It must be signed and certified by the magistrate when reduced to writing by him or under his direction; and when taken down in shorthand, the manuscript of the reporter, appointed as aforesaid, when written out in longhand writing, and certified as being a correct statement of such testimony and proceedings in the case, shall be prima facie a correct statement of such testimony and proceedings. The reporter shall within five (5) days after the close of such examination transcribe into longhand writing his said shorthand notes, and certify and deliver the same to the magistrate, who shall also certify the same and transmit such testimony and proceedings, carefully sealed up, to the clerk of the court in which the action is pending or may come for trial.R.L.1910, § 6033.
22 OK Stat § 22-770 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-770. Deposition read in evidence, when - Objections to questions therein.

|The deposition or certified copy thereof may be read in evidence by either party on the trial upon its appearing that the witness is unable to attend by reason of his death, insanity, sickness, or infirmity, or of his continued absence from the state. Upon reading the depositions in evidence, the same objections may be taken to a question or answer contained therein as if the witness had been examined orally in court. |R.L.1910, § 6034.
22 OK Stat § 22-771 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-771. Prisoner, deposition of - Oath.

|When a material witness for a defendant under a criminal charge is a prisoner in a state prison or in a county jail of a county other than that in which the defendant is to be tried, his deposition may be taken on behalf of the defendant in the manner provided for in the case of a witness who is sick; and the foregoing provisions of this article, so far as they are applicable, govern in the application for, and in the taking and use of such depositions, such deposition may be taken before any magistrate or notary public of the county in which the jail or prison is situated; or in case the witness is confined in a state prison, and the defendant is unable to pay for taking the deposition, before the warden or clerk of the board of control of the prison, whose duty it shall be to act without compensation. Every officer before whom testimony shall be taken by virtue hereof, shall have authority to administer, and shall administer an oath to the witness, that his testimony shall be the truth, the whole truth and nothing but the truth. |R.L.1910, § 6035.
22 OK Stat § 22-781 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-781. Witness out of state.

|When an issue of fact is joined upon an indictment or information the defendant may have any material witness residing out of the state examined in his behalf as prescribed in this article and not otherwise. |R.L.1910, § 6036.
22 OK Stat § 22-782 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-782. Nonresident witness - Application for commission to take testimony.

|When a material witness for the defendant resides out of the state the defendant may apply for an order that the witness be examined on a commission to be issued under the seal of the court, and the signature of the clerk, directed to some party designated as commissioner, authorizing him to examine the witness upon oath or interrogatories annexed thereto, and to take and certify the deposition of the witness and return it according to the instructions given with the commission. |R.L.1910, § 6037.
22 OK Stat § 22-783 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-783. Affidavit on application.

|Application must be made upon affidavit stating: |1. The nature of the offense charged.2. The state of the proceedings in the action and that an issue of the fact has been joined therein.3. The name of the witness and that his testimony is material to the defense of the action.4. That the witness resides out of the state.R.L.1910, § 6038.
22 OK Stat § 22-784 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-784. Notice of application.

|The application may be made to the court or judge himself, and must be upon five (5) days' notice to the district attorney. |R.L.1910, § 6039.
22 OK Stat § 22-785 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-785. Issuance of commission - Continuance.

|If the court or the judge to whom the application is made, is satisfied of the truth of the facts stated and that the examination of the witness is necessary to the attainment of justice, an order must be made that a commission be issued to take his testimony, and the court or judge may insert in the order a direction that the trial be stayed for a specified time reasonably sufficient for the execution of the commission and return thereof, or the case may be continued. |R.L.1910, § 6040.
22 OK Stat § 22-786 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-786. Interrogatories and cross-interrogatories.

|When the commission is ordered, the defendant must serve upon the district attorney, without delay, a copy of the interrogatories to be annexed thereto, with three (3) days notice of the time at which they will be presented to the court or judge. The district attorney may in like manner serve upon the defendant or his counsel cross-interrogatories, to be annexed to the commission, with like notice. In the interrogatories, either party may insert any question pertinent to the issue. When the interrogatories and cross-interrogatories are presented to the court or judge, according to the notice, the court or judge must modify the questions, so as to conform them to the rules of evidence, and must endorse upon them his alterations, and annex them to the commission. |R.L.1910, § 6041.
22 OK Stat § 22-787 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-787. Manner of return.

|Unless the parties otherwise consent by an endorsement upon the commission, the court or judge must endorse thereon the direction and manner in which it must be returned, and may in his discretion direct that it be returned by mail or otherwise, addressed to the clerk of the court in which the action is pending, designating his name, and the place where his office is kept. |R.L.1910, § 6042.
22 OK Stat § 22-788 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-788. Execution of commission.

|The commissioner, unless otherwise specially directed, may execute the commission as follows: |1. He must administer an oath to the witness that his answers given to the interrogatories shall be the truth, the whole truth and nothing but the truth.2. He must cause the examination of the witness to be reduced to writing and subscribed by him.3. He must write the answers of the witness as nearly as possible in the language in which he gives them, and read to him each answer so taken down, and correct or add to it until it conforms to what he declares is the truth.4. If the witness declines to answer a question, that fact, with the reason assigned by him for declining, must be stated.5. If any papers or documents are produced before him, and proved by the witness, they, or copies of them, must be annexed to the deposition, subscribed by the witness, and certified by the commissioner.6. The commissioner must subscribe his name to each sheet of the deposition, with the papers and documents proved by the witness, or copies thereof, to the commissioner, and must close it up under seal and address it as directed by the endorsement thereon.7. If there be direction on the commission to return it by mail, the commissioner must immediately deposit it in the nearest post office. If any other direction be made by the written consent of the parties, or by the court or judge, to the commissioner as to its return, the commissioner must comply with the directions. A copy of this section must be annexed to the commission.R.L.1910, § 6043.
22 OK Stat § 22-789 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-789. Delivery of returned commission by agent.

|If the commission and return be delivered by the commissioner to an agent, he must deliver the same to the clerk to whom it is directed, or to the judge of the court in which the action is pending, by whom it may be received and opened upon the agent making affidavit that he received it from the hands of the commissioner, and that it has not been opened or altered since he received it. |R.L.1910, § 6044.
22 OK Stat § 22-790 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-790. Delivery when agent is incapacitated.

|If the agent is dead, or from sickness or other cause is unable personally to deliver the commission and return as prescribed in the last section, it may be received by the clerk or judge from any other person, upon his making an affidavit that he received it from the agent, that the agent is dead, or, from sickness or other casualty unable to deliver it, and it has not been opened or altered since the person making the affidavit received it, and that he believes it has not been opened or altered since it came from the hands of the commissioner. |R.L.1910, § 6045.
22 OK Stat § 22-791 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-791. Filing commission and return.

|The clerk or judge receiving and opening the commission and return must immediately file it, with the affidavit mentioned in the last two sections, in the office of the clerk of the court in which the indictment or information is pending. If the commission and return is transmitted by mail, the clerk to whom it is addressed must receive it from the post office, and open and file it in his office, where it must remain unless otherwise directed by the court. |R.L.1910, § 6046.
22 OK Stat § 22-792 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-792. Commission and return open to inspection.

|The commission and return must at all times be open to the inspection of all persons, who must be furnished a copy of the same, or any part thereof, on payment of his fees. |R.L.1910, § 6047.
22 OK Stat § 22-793 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-793. Reading deposition on trial.

|Depositions taken under a commission may be read in evidence by either party on the trial upon it being shown that the witness is unable to attend from any cause whatever, and the same objections may be taken to a question in the interrogatories, or to the answers in the deposition, as if the witness had been examined orally in court. |R.L.1910, § 6048. R.L.1910, § 6048.
22 OK Stat § 22-812.1 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-812.1. Right to speedy trial – Time limits.

|A. If any person charged with a crime and held in jail solely by reason thereof is not brought to trial within one (1) year after arrest, the court shall set the case for immediate review as provided in Section 2 of this act, to determine if the right of the accused to a speedy trial is being protected. |B. If any person charged with a felony crime who is held to answer on an appearance bond is not brought to trial within eighteen (18) months after arrest, the court shall set the case for immediate review as provided in Section 2 of this act, to determine if the right of the accused to a speedy trial is being protected.C. In the event a mistrial is declared or a conviction is reversed on appeal, the time limitations provided for in this section shall commence to run from the date the mistrial is declared or the date of the mandate of the Court of Criminal Appeals.Added by Laws 1999, 1st Ex.Sess., c. 6, § 1, eff. Nov. 1, 1999.
22 OK Stat § 22-814 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-814. Effect of dismissing action.

|If the court direct the action to be dismissed, the defendant must, if in custody, be discharged therefrom, or if admitted to bail, his bail is exonerated, or money deposited instead of bail must be refunded to him. |R.L.1910, § 6098.
22 OK Stat § 22-815 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-815. Dismissal by court or on district attorney's application.

|A. The court may either of its own motion or upon the application of the district attorney, upon the furtherance of justice, order an action or indictment to be dismissed; but in that case the reasons of the dismissal must be set forth in the order, which must be entered upon the minutes. |B. The district attorney may dismiss an action or indictment by filing a notice of dismissal at any time prior to commencement of the preliminary hearing in the case of a felony or, in the case of a misdemeanor, prior to the matter being set for trial. Any subsequent request for dismissal of an action or indictment by the district attorney must be made pursuant to the provisions of subsection A of this section. A defendant named in such action or indictment shall only be required to pay the costs of that action if agreed upon by the parties.R.L. 1910, § 6099. Amended by Laws 2016, c. 204, § 1, eff. Nov. 1, 2016.
22 OK Stat § 22-816 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-816. Nolle prosequi abolished.

|The entry of a nolle prosequi is abolished, and the district attorney cannot discontinue or abandon a prosecution for a public offense, except as provided in the last section. |R.L.1910, § 6100.
22 OK Stat § 22-817 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-817. Dismissal not a bar to another prosecution.

|An order for the dismissal of the action, as provided in this article, is not a bar to any other prosecution for the same offense. R.L.1910, § 6101. R.L.1910, § 6101. |