Oklahoma Code § 22-841

Title 22. Criminal Procedure: Higher offense than charged, existence of - Jury
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discharged.
If it appear by the testimony that the facts proved constitute
an offense of a higher nature than that charged in the indictment or
information, the court may direct the jury to be discharged, and all
proceedings on the indictment or information to be suspended, and
may order the defendant to be committed or continued on, or admitted
to bail, to answer any new indictment or information which may be
filed against him for the higher offense.

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