Oklahoma Code § 22-1164

Title 22. Criminal Procedure: Order of trial of sanity
Open in Lexace · Ask the AI about this section
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.

‹ Prev All Oklahoma sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.