Okla. Stat. tit. 22, § 22-923
This is the official text of Okla. Stat. tit. 22, § 22-923, part of Oklahoma’s Stat. tit. 22, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 22,." Browse the sections below, each linked to its official government source.
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Defendant discharged on acquittal - Variance resulting in
Official statutory text
acquittal may authorize new charges.
If a judgment of acquittal is given on a general verdict, and
the defendant is not detained for any other legal cause, he must be
discharged as soon as judgment is given, except that when the
acquittal is for a variance between the proof and the indictment or
information which may be obviated by a new indictment or information
the court may order his detention to the end that a new indictment
or information may be preferred in the same manner and with like
effect as provided in cases where the jury is discharged.
If a judgment of acquittal is given on a general verdict, and
the defendant is not detained for any other legal cause, he must be
discharged as soon as judgment is given, except that when the
acquittal is for a variance between the proof and the indictment or
information which may be obviated by a new indictment or information
the court may order his detention to the end that a new indictment
or information may be preferred in the same manner and with like
effect as provided in cases where the jury is discharged.
Status: in_force · Read it on the official government site
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