§22-1. Title of code.
This chapter shall be known as the code of criminal procedure of the State of Oklahoma. R.L.1910, § 5535.
§22-10. Criminal action defined.
The proceeding by which a party charged with a public offense is accused and brought to trial and punishment, is known as a criminal action. R.L.1910, § 5544.
§22-1001. Judgment of death – Warrant.
When judgment of death is rendered, the judge must sign and deliver to the sheriff of the county a warrant duly attested by the clerk, under the seal of the court, stating the conviction and judgment and appointing a day on which the judgment is to be executed, which must be not less than sixty […]
§22-1001.1. Execution of judgment – Time – Stay of execution.
A. The execution of the judgment in cases where sentence of death is imposed shall be ordered by the Court of Criminal Appeals to be carried out thirty (30) days after the defendant fails to meet any of the following time conditions: 1. If a defendant does not file a petition for writ of certiorari […]
§22-1002. Governor to be informed of proceedings.
The judge of a court at which a conviction requiring a judgment of death is had, must, immediately after the conviction, transmit to the Governor, by mail or otherwise, a statement of the conviction and judgment, and of the testimony given at the trial. R.L.1910, § 5968.
§22-1003. Governor may require opinion of appellate judges.
The governor may thereupon require the opinion of the judges of the criminal court of appeals, or any of them, upon the statement so furnished. R.L.1910, § 5969.
§22-1004. Reprieve and suspension of execution – Authority of officers.
No judge, court or officer, other than the Governor, can reprieve or suspend the execution of the judgment of death, except the warden of the said state prison, to whom he is delivered for execution in the cases provided in the next seven sections, unless an appeal is taken. R.L.1910, § 5970; Laws 1913, c. […]
§22-1005.1. Mentally incompetent to be executed – Motion – Hearing – Examination.
A. For purposes of this act, “mentally incompetent to be executed” means that because of a mental condition the person is presently unable to have a rational understanding: 1. Of the reason he or she is being executed; and 2. That he or she is to be executed and that execution is imminent. B. There […]
§22-101. Unlawful assemblage.
Where any number of persons, whether armed or not, are unlawfully or riotously assembled, the sheriff and his deputies, the officials governing the city or town, or the justices of the peace and marshals and constables and police thereof, or any of them, must go among the persons assembled, or as near to them as […]
§22-1010. Pregnancy of prisoners – Judicial investigation.
If it is a alleged that a female prisoner under judgment of death is pregnant, the warden must notify the district attorney of the county in which the prison is situated whose duty is to immediately file with the district court a petition stating such allegation. A hearing must be conducted by a judge of […]
§22-1011. Execution of judgment – Suspension when defendant pregnant – Execution when pregnancy ceases.
If it is found that a female is not pregnant the warden must execute the judgment. If it is found that she is pregnant, the warden must suspend the execution of the judgment and transmit a certified copy of the findings and certificate to the Governor. When the Governor receives from the warden a certificate […]
§22-1014. Manner of inflicting punishment of death.
A. The punishment of death shall be carried out by the administration of a lethal quantity of a drug or drugs until death is pronounced by a licensed physician according to accepted standards of medical practice. For purposes of this subsection, the Uniform Controlled Dangerous Substances Act shall not apply to the Department of Corrections […]
§22-1015. Place of execution of judgment – Persons who may witness.
A. A judgment of death must be executed at the Oklahoma State Penitentiary at McAlester, Oklahoma, said prison to be designated by the court by which judgment is to be rendered. B. The judgment of execution shall take place under the authority of the Director of the Department of Corrections and the warden must be […]
§22-1016. Warden’s return upon death warrant.
After the execution, the warden must make a report upon the death warrant to the court by which the judgment was rendered, showing the time, mode and manner in which it was executed. R.L.1910, § 5984. Amended by Laws 1913, c. 113, p. 210, § 10.
§22-102. Proceedings if assembly does not disperse – Commanding aid of others.
If the persons assembled do not immediately disperse, the magistrates and officers must arrest them or cause them to be arrested, that they may be punished according to law, and for that purpose may command the aid of all persons present or within the county. R.L.1910, § 5586.
§22-103. Refusal to assist.
If a person so commanded to aid the magistrates or officers neglect to do so he is deemed one of the rioters and is punishable accordingly. R.L.1910, § 5587.
§22-104. Neglect of officer respecting unlawful assembly a misdemeanor.
If a magistrate or officer having notice of an unlawful or riotous assembly mentioned in Section 5585 neglect to proceed to the place of the assembly, or as near thereto as he can with safety, and to exercise the authority with which he is invested for suppressing the same and arresting the offenders, he is […]
§22-105. Officers may disperse assembly and arrest offenders – Commanding aid.
If the persons assembled and commanded to disperse do not immediately disperse, any two of the magistrates or officers mentioned in Section 5585, may command the aid of a sufficient number of persons, and may proceed in such manner as in their judgment is necessary, to disperse the assembly and arrest the offenders. R.L.1910, § […]
§22-1051. Right of appeal – Review – Corrective jurisdiction – Procedure – Scope of review on certiorari.
A. An appeal to the Court of Criminal Appeals may be taken by the defendant, as a matter of right from any judgment against the defendant, which shall be taken as herein provided; and, upon the appeal, any decision of the court or intermediate order made in the progress of the case may be reviewed; […]
§22-1052. How governed.
An appeal from a judgment in a criminal action may be taken in the manner and in the cases prescribed in this article. R.L.1910, § 5989.