reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-720. Detainment of person as material witness.

A. If a law enforcement officer has probable cause to believe that a person is a necessary and material witness to a felony and that there is probable cause to believe that the person would be unwilling to accept service of a subpoena or may otherwise refuse to appear in any criminal proceeding, the officer may detain the person as a material witness with or without an arrest warrant; provided, no person may be detained as a material witness to a crime for more than forty-eight (48) hours without being taken before a judge as required by Section 719 of Title 22 of the Oklahoma Statutes; and provided further, no person may be detained as a material witness to a crime who is a victim of such crime.
B. At the time of the detainment, the law enforcement officer shall inform the person:
1. Of the identity of the officer as a law enforcement officer; and
2. That the person is being detained because the officer has probable cause to believe the person:
a.
is a material witness to an identified felony, and
b.
would be unwilling to accept service of a subpoena or may otherwise refuse to appear in any criminal proceeding.
C. If a material witness is taken into custody pursuant to this section, the provisions of Section 719 of Title 22 of the Oklahoma Statutes shall apply.
Added by Laws 2004, c. 275, § 10, eff. July 1, 2004.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-721. Definitions.

"Witness" as used in this act shall include a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding.
The word "state" shall include any territory of the United States and the District of Columbia.
The word "summons" shall include a subpoena, order or other notice requiring the appearance of a witness.
Laws 1949, p. 205, § 1.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-723. Witness from another state summoned to testify in this state.

A. If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this state, is a material witness in a prosecution pending in a court of record in this state, or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. Said certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure his attendance in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.
B. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this state, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
C. If the witness is summoned to attend and testify in this state he shall be tendered, at the time he is ordered to appear, travel and expenses pursuant to Section 718 of this title for each day he is required to travel and attend as a witness. A judge of a court of record in this state may approve travel and expenses pursuant to Section 718 of this title for witnesses who voluntarily appear and testify in a criminal prosecution or grand jury investigation upon proper affidavit and showing.
Laws 1949, p. 206, § 3; Laws 1975, c. 227, § 3, eff. Oct. 1, 1975; Laws 1980, c. 48, § 1, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-724. Exemption from arrest and service of process.

If a person comes into this state in obedience to a summons directing him to attend and testify in this state he shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he shall not while so passing through this state be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
Laws 1949, p. 206, § 4.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-727. Constitutionality.

If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or applications, and to this end the provisions of this act are declared to be severable.
Laws 1949, p. 206, § 8.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-729. Definitions.

As used in this act:
1. "Penal institution" means a jail, prison, penitentiary, house of correction, or other place of penal detention or place where the prisoner is required to reside or report in lieu of penal detention, including, but not limited to house arrest, half-way houses, community or treatment centers;
2. "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory of the United States;
3. "Witness" means a person who is confined in a penal institution in a state and whose testimony is desired in another state by a grand jury or other criminal proceeding before a court.
Added by Laws 1989, c. 100, § 2, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-730. Certificate from another state to compel witness to appear and testify - Notice, order and hearings.

A. A judge of a state court of record in another state, which by its laws has made provision for commanding persons confined in penal institutions within that state to attend and testify in this state, may certify as follows:
1. There is a criminal proceeding or investigation by a grand jury or other criminal proceeding pending in the court;
2. A person who is confined in a penal institution in this state may be a material witness in the proceeding; and
3. His presence will be required during a specified time.
B. Upon presentation of the certificate to any judge having jurisdiction over the person confined and on notice to the attorney general, the judge in this state shall:
1. Fix a time and place for a hearing; and
2. Enter an order directing the person having custody of the prisoner to produce the prisoner at the hearing.
Added by Laws 1989, c. 100, § 3, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-731. Transfer order - Determinations necessary - Copy of certificate attached - Directions and prescriptions - Responsibilities of requesting jurisdiction.

A. A judge may issue a transfer order if, at the hearing, the judge determines as follows:
1. The witness may be material and necessary to the proceeding;
2. His attendance and testimony are not adverse to the interest of this state or to the health or legal rights of the witness;
3. The laws of the state in which he is requested to testify will give him protection from arrest and the service of civil and criminal process due to any act committed prior to his arrival in the state under the order; and
4. The possibility is negligible that the witness may be subject to arrest or to the service of civil or criminal process in any state through which he will be required to pass.
B. If a judge issues an order under subsection A of this section, the judge shall attach to the order a copy of the certificate presented pursuant to Section 3 of this act. The order shall:
1. Direct the witness to attend and testify;
2. Except as provided by subsection C of this section, direct the person having custody of the witness to produce him in the court where the criminal proceeding is pending or where the grand jury is sitting at a time and place specified in the order; and
3. Prescribe such other conditions as the judge shall determine.
C. The judge, in lieu of directing the person having custody of the witness to produce him in the requesting jurisdiction's court, may direct and require in the order as follows: 1. An officer of the requesting jurisdiction to come to the Oklahoma penal institution in which the witness is confined to accept custody of the witness for physical transfer to the requesting jurisdiction;
2. The requesting jurisdiction provide proper safeguards for his custody while in transit;
3. The requesting jurisdiction be liable for and pay all expense incurred in producing and returning the witness, including but not limited to food, lodging, clothing, and medical care; and
4. The requesting jurisdiction promptly deliver the witness back to the same or another Oklahoma penal institution as specified by the Department of Corrections at the conclusion of his testimony.
Added by Laws 1989, c. 100, § 4, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-732. Transfer order - Additional conditions - Expenses of return of witness - Effective date.

A. An order to a witness and to a person having custody of the witness shall provide for the return of the witness at the conclusion of his testimony, proper safeguards for his custody, and reimbursement or prepayment by the requesting jurisdiction for all expenses incurred in the production and return of the witness.
B. The order may prescribe any other condition the judge determines to be proper or necessary.
C. The judge shall not require prepayment of expenses if the judge directs and requires the requesting jurisdiction to accept custody of the witness at the penal institution of this state in which the witness is confined and to deliver the witness back to the same or another penal institution of this state as specified by the Oklahoma Department of Corrections at the conclusion of his testimony.
D. An order does not become effective until the judge of the state requesting the witness enters an order directing compliance with the conditions prescribed.
Added by Laws 1989, c. 100, § 5, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-734. Certificate from this state to another state to compel prisoner to appear and testify - Contents - Presentation - Notice to attorney general of other state.

A. If a person confined in a penal institution in any other state may be a material witness in a criminal proceeding pending in a court of record or in a grand jury investigation in this state, a judge of the court may certify as follows:
1. There is a grand jury or a criminal proceeding pending in this court;
2. A person who is confined in a penal institution in the other state may be a material witness in the proceeding or investigation; and
3. His presence will be required during a specified time.
B. The judge of the court in this state shall:
1. Present the certificate to a judge of a court of record in the other state having jurisdiction over the prisoner confined; and
2. Give notice to the attorney general of the state in which the prisoner is confined, that the prisoner's presence will be required.
Added by Laws 1989, c. 100, § 7, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-735. Order directing compliance with terms and conditions of order from another state.

A judge of the court in this state may enter an order directing compliance with the terms and conditions of an order specified in a certificate pursuant to Section 3 of this act and entered by the judge of the state in which the witness is confined.
Added by Laws 1989, c. 100, § 8, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-736. Immunity from arrest and civil or criminal process.

If a witness from another state comes into or passes through this state under an order directing him to attend and testify in this or any other state, while in this state pursuant to the order, he shall not be subject to arrest or the service of civil or criminal process because of any act committed prior to his arrival in this state under the order.
Added by Laws 1989, c. 100, § 9, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-741. Overt act in conspiracy.

Upon a trial for conspiracy, in a case where an overt act is necessary to constitute the offense, the defendant cannot be convicted unless one or more overt acts be expressly alleged in the indictment or information, nor unless one or more of the acts alleged be proved; but any other overt act, not alleged in the indictment may be given in evidence.
R.L.1910, § 5883.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-743. False pretenses, evidence of.

Upon a trial for having, with an intent to cheat or defraud another designedly, by any false pretense, obtained the signature of any person to a written instrument, or having obtained from any person any money, personal property or valuable thing, the defendant cannot be convicted if the false pretense was expressed in language unaccompanied by a false token or writing, unless the pretense, or some note or memorandum thereof, be in writing either subscribed by, or in the handwriting of the defendant, or unless the pretense be proven by the testimony of two witnesses, or that of one witness and corroborating circumstances. But this section does not apply to prosecution for falsely representing or personating another, and in such assumed character, marrying or receiving money or property.
R.L.1910, § 5885.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-744. Seduction, corroboration of prosecutrix.

Upon a trial for inveigling, enticing or taking away an unmarried female of previous chaste character, under the age of twenty-five (25) years, for the purpose of prostitution, or aiding or assisting therein, or for having, under promise of marriage, seduced and had illicit connection with an unmarried female of previous chaste character, the defendant cannot be convicted upon testimony of the person injured unless she is corroborated by other evidence tending to connect the defendant with the commission of the offense.
R.L.1910, § 5886.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 as defined by Section 1-1-105 of Title 10A of the Oklahoma Statutes 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; Laws 2022, c. 104, § 6, eff. Nov. 1, 2022.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 not be required to pay the costs of that action unless the court exercises its discretion and the parties agree.
R.L. 1910, § 6099. Amended by Laws 2016, c. 204, § 1, eff. Nov. 1, 2016; Laws 2022, c. 29, § 1, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-831. Order of trial proceedings.

The jury having been impaneled and sworn, the trial must proceed in the following order:
1. If the indictment or information is for a felony, the clerk or district attorney must read it, and state the plea of the defendant to the jury. In other cases this formality may be dispensed with.
2. The district attorney, or other counsel for the state, must open the case and offer the evidence in support of the indictment or information.
3. The defendant or defendant’s counsel shall give an opening statement immediately after the opening statement of the district attorney unless the defendant affirmatively reserves the opening statement until the district attorney has rested the state’s case. The defense may offer evidence after the close of the state’s case.
4. The parties may then, respectively, offer rebutting testimony only, unless the court for good reason, in furtherance of justice, or to correct an evident oversight, permit them to offer evidence upon their original case.
5. When the evidence is concluded, the attorneys for the prosecution may submit to the court written instructions. If the questions of law involved in the instructions are to be argued, the court shall direct the jury to withdraw during the argument, and after the argument, must settle the instructions, and may give or refuse any instructions asked, or may modify the same as he deems the law to be. Instructions refused shall be marked in writing by the judge, if modified, modification shall be shown in the instruction. When the instructions are thus settled, the jury, if sent out, shall be recalled and the court shall thereupon read the instructions to the jury.
6. Thereupon, unless the case is submitted to the jury without argument, the counsel for the state shall commence, and the defendant or his counsel shall follow, then the counsel for the state shall conclude the argument to the jury. During the argument the attorneys shall be permitted to read and comment upon the instructions as applied to the evidence given, but shall not argue to the jury the correctness or incorrectness of the propositions of law therein contained. The court may permit one or more counsel to address the jury on the same side, and may arrange the order in which they shall speak, but shall not without the consent of the attorneys limit the time of their arguments. When the arguments are concluded, if the court be of the opinion that the jury might be misled by the arguments of counsel, he may to prevent the same further instruct the jury. All instructions given shall be in writing unless waived by both parties, and shall be filed and become a part of the record in the case.
R.L.1910, § 5870. Amended by Laws 2000, c. 262, § 1, eff. July 1, 2000.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-834. Jury limited to questions of fact.

On the trial of an indictment or information, questions of law are to be decided by the court, and the questions of fact are to be decided by the jury; and, although the jury have the power to find a general verdict, which includes questions of law as well as of fact, they are bound, nevertheless, to receive the law which is laid down as such by the court.
R.L.1910, § 5873.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-839. Discharge of defendant that he may testify for state.

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 information, that he may be compelled to be a witness for the state.
R.L.1910, § 5879.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-840. Discharge of defendant that he may testify for codefendant.

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 be compelled to be a witness for his codefendant, submit its opinion to the jury, who, if they so find, may acquit the particular defendant for the purpose aforesaid.
R.L.1910, § 5880.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-841. Higher offense than charged, existence of - Jury discharged.

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 may order the defendant to be committed or continued on, or admitted to bail, to answer any new indictment or information which may be filed against him for the higher offense.
R.L.1910, § 5887.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-842. Discharge of jury not a former acquittal.

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 information.
R.L.1910, § 5888.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-845. Disposition of prisoner on discharge of jury.

If the jury is discharged because the court has not jurisdiction of the offense charged in the indictment or information, and it appears that it was committed out of the jurisdiction of this state, the court may order the defendant to be discharged, or to be detained for a reasonable time specified in the order, until a communication can be sent by the district attorney to the chief executive officer of the state, territory or district where the offense was committed.
R.L.1910, § 5891.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-846. Disposition of prisoner where jurisdiction in another county.

If the offense was committed within the exclusive jurisdiction of another county of this state, the court must direct the defendant to be committed for such time as it deems reasonable to await a warrant from the proper county for his arrest, or if the offense be a misdemeanor only, it may admit him to bail in an undertaking, with sufficient sureties, that he will, within such time as the court may appoint, render himself amenable to a warrant for his arrest from the proper county, and if not sooner arrested thereon, will attend at the office of the sheriff of the county where the trial was had, at a time particularly specified in the undertaking, to surrender himself upon the warrant, if issued, or that his bail will forfeit such sum as the court may fix, and to be mentioned in the undertaking; and the clerk must forthwith transmit a certified copy of the indictment or information, and all the papers in the action filed with him, to the district attorney of the proper county, the expense of which transmission is chargeable to the county.
R.L.1910, § 5892.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-847. Disposition of prisoner where defendant not arrested on warrant from proper county.

If the defendant is not arrested on a warrant from the proper county, he must be discharged from custody, or his bail in the action be exonerated, or money deposited instead of bail refunded, as the case may be, and the sureties in the undertaking as mentioned in the last section, must be discharged.
R.L.1910, § 5893.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-849. Duty of court where no offense charged.

If the jury be discharged because the facts as charged do not constitute an offense punishable by law, the court must order that the defendant, if in custody, be discharged therefrom, or, if admitted to bail, that the bail be exonerated, or if he have deposited money instead of bail, that the money deposited be refunded to him unless in its opinion a new indictment or information can be framed, upon which the defendant can be legally convicted, in which case it may direct that the case be resubmitted to the same or another grand jury, or a new information filed.
R.L.1910, § 5895.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-850. Court may advise jury to acquit.

If, at any time after the evidence on either side is closed, the court deem it insufficient to warrant a conviction, it may advise the jury to acquit the defendant. But the jury are not bound by the advice, nor can the court, for any cause, prevent the jury from giving a verdict.
R.L.1910, § 5896. R.L.1910, § 5896.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-851. Jury may view place - Custody of sworn officer.

When, in the opinion of the court, it is proper that the jury should view the place in which the offense was charged to have been committed, or in which any other material fact occurred, it may order the jury to be conducted in a body, in the custody of proper officers, to the place, which must be shown to them by a person appointed by the court for that purpose, and the officers must be sworn to suffer no person to speak to or communicate with the jury, nor to do so themselves, on any subject connected with the trial, and to return them into court without unnecessary delay, or at a specified time.
R.L.1910, § 5897.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-852. Juror must declare knowledge of case.

If a juror have any personal knowledge respecting a fact in controversy in a cause he must declare it in open court during the trial. If, during the retirement of a jury, a juror declare a fact, which could be evidence in the cause, as of his own knowledge, the jury must return into court. In either of these cases, the juror making the statement must be sworn as a witness and examined in the presence of the parties.
R.L.1910, § 5898.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-853. Custody and conduct of jury before submission - Separation - Sworn officer.

The jurors sworn to try an indictment or information, may, at any time before the submission of the cause to the jury, in the discretion of the court, be permitted to separate, or to be kept in charge of proper officers. The officers must be sworn to keep the jurors together until the next meeting of the court, to suffer no person to speak to or communicate with them, nor to do so themselves, on any subject connected with the trial, and to return them into court at the next meeting thereof. Such officer or officers having once been duly sworn, it is not necessary that they be resworn at each recess or adjournment. An admonition to the officer and the jury shall be sufficient.
R.L.1910, § 5899. Amended by Laws 1945, p. 97, § 1.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-853.1. Jurors - Protective orders.

The court, for good cause shown, upon motion of either party or any affected person or upon its own initiative, may issue a protective order for a stated period regulating disclosure of the identity and the business or residential address of any prospective or sworn juror to any person or persons, other than to counsel for either party. Such good cause shall exist in civil or criminal proceedings where the court determines that there is a likelihood of bribery, jury tampering, or of physical injury or harassment of the juror.
Added by Laws 1991, c. 33, § 1, eff. Sept. 1, 1991.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-854. Court must admonish jury as to conduct.

The jury must also, at each adjournment of the court, whether permitted to separate or kept in charge of officers, be admonished by the court that it is their duty not to converse among themselves or with any one else on any subject connected with the trial, or to form or express any opinion thereon, until the case is finally submitted to them.
R.L.1910, § 5900.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-855. Sickness or death of juror - New juror sworn.

If, before the conclusion of a trial, a juror becomes sick, so as to be unable to perform his duty, the court may order him to be discharged. In that case or in the event of the death of a juror a new juror may be sworn, and the trial begin anew, or the jury may be discharged, and a new jury then or afterwards impaneled.
R.L.1910, § 5901. Amended by Laws 1941, p. 88, § 1.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-856. Requisites of charge of court - Presentation of written charge - Request to charge - Endorsement of disposition on charge presented - Partial refusal.

In charging the jury, the court must state to them all matters of law which it thinks necessary for their information in giving their verdict, and if it state the testimony of the case, it must in addition inform the jury that they are the exclusive judges of all questions of fact. Either party may present to the court any written charge and request that it be given. If the court thinks it correct and pertinent, it must be given; if not, it must be refused. Upon each charge presented and given or refused the court must endorse or sign its decision. If part of any written charge be given and part refused the court must distinguish, showing by the endorsement or answer what part of each charge was given and what part refused.
R.L. 1910, § 5905.