2016 Oklahoma Statutes
Title 22. Criminal Procedure
§22-923. Defendant discharged on acquittal - Variance resulting in 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.
R.L.1910, § 5930.
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