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§ 1164. Order of trial of sanity

Oklahoma Statutes AnnotatedTitle 22. Criminal Procedure

Oklahoma Statutes Annotated
Title 22. Criminal Procedure (Refs & Annos)
Chapter 22. Insanity of Accused
22 Okl.St.Ann. § 1164
§ 1164. Order of trial of sanity
The trial of the question of insanity must proceed in the following order:
1. The counsel for the defendant must open the case and offer evidence in support of the allegation of insanity.
2. The counsel for the state may then open their case and offer evidence in support thereof.
3. The parties may then respectively offer rebutting testimony only, unless the court, for good reason, in furtherance of justice permit them to offer evidence upon their original case.
4. When the evidence is concluded, unless the case be submitted to the jury on either side or on both sides, without argument, the counsel for the state must commence, and the defendant or his counsel may conclude the argument to the jury.
5. If the indictment be for an offense punishable with death two counsels on each side may argue the causes to the jury, in which case they must do so alternately. If it be for any other offense, the court may, in its discretion, restrict the argument to one counsel on each side.
6. The court must then charge the jury before argument as in other cases.

Credits

R.L.1910, § 6052.
22 Okl. St. Ann. § 1164, OK ST T. 22 § 1164
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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