Okla. Stat. tit. 22, § 22-952
This is the official text of Okla. Stat. tit. 22, § 22-952, 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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Grounds for new trial - Affidavits and testimony
Official statutory text
A court in which a trial has been had upon an issue of fact has
power to grant a new trial when a verdict has been rendered against
a defendant by which his substantial rights have been prejudiced,
upon his application in the following cases only:
First. When the trial has been in his absence, if the charge is
for a felony.
Second. When the jury have received any evidence out of court,
other than that resulting from a view of the premises.
Oklahoma Statutes - Title 22. Criminal Procedure Page 260
Third. When the jury have separated without leave of the court,
after retiring to deliberate on their verdict, and before delivering
or sealing the same, if it be sealed, or have been guilty of any
misconduct by which a fair and due consideration of the case has
been prevented.
Fourth. When the verdict has been decided by lot, or by any
means other than a fair expression of opinion on the part of the
jury.
Fifth. When the court has misdirected the jury in a matter of
law, or has erred in the decision of any question of law arising
during the course of the trial.
Sixth. When the verdict is contrary to law or evidence.
Seventh. When new evidence is discovered, material to the
defendant, and which he could not with reasonable diligence have
discovered before the trial, or when it can be shown that the grand
jury was not drawn summoned or impaneled as provided by law, and
that the facts in relation thereto were unknown to the defendant or
his attorney until after the trial jury in the case was sworn and
were not of record. When a motion for a new trial is made on the
ground of newly discovered evidence, the defendant must produce at
the hearing in support thereof affidavits of witnesses, or he may
take testimony in support thereof as provided in Section 5781, and
if time is required by the defendant to procure such affidavits or
testimony, the court may postpone the hearing of the motion for such
length of time as under all the circumstances of the case may seem
reasonable. The application for a new trial on the ground that the
grand jury was not drawn summoned or impaneled as provided by law
may be shown in like manner.
power to grant a new trial when a verdict has been rendered against
a defendant by which his substantial rights have been prejudiced,
upon his application in the following cases only:
First. When the trial has been in his absence, if the charge is
for a felony.
Second. When the jury have received any evidence out of court,
other than that resulting from a view of the premises.
Oklahoma Statutes - Title 22. Criminal Procedure Page 260
Third. When the jury have separated without leave of the court,
after retiring to deliberate on their verdict, and before delivering
or sealing the same, if it be sealed, or have been guilty of any
misconduct by which a fair and due consideration of the case has
been prevented.
Fourth. When the verdict has been decided by lot, or by any
means other than a fair expression of opinion on the part of the
jury.
Fifth. When the court has misdirected the jury in a matter of
law, or has erred in the decision of any question of law arising
during the course of the trial.
Sixth. When the verdict is contrary to law or evidence.
Seventh. When new evidence is discovered, material to the
defendant, and which he could not with reasonable diligence have
discovered before the trial, or when it can be shown that the grand
jury was not drawn summoned or impaneled as provided by law, and
that the facts in relation thereto were unknown to the defendant or
his attorney until after the trial jury in the case was sworn and
were not of record. When a motion for a new trial is made on the
ground of newly discovered evidence, the defendant must produce at
the hearing in support thereof affidavits of witnesses, or he may
take testimony in support thereof as provided in Section 5781, and
if time is required by the defendant to procure such affidavits or
testimony, the court may postpone the hearing of the motion for such
length of time as under all the circumstances of the case may seem
reasonable. The application for a new trial on the ground that the
grand jury was not drawn summoned or impaneled as provided by law
may be shown in like manner.
Status: in_force · Read it on the official government site
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