OSCN Found Document:Order of Trial
Title 22. Criminal Procedure
The jury having been impaneled
and sworn, the trial must proceed in the following order:
1. If the indictment or
information is for a felony, the clerk or district attorney must read it, and
state the plea of the defendant to the jury. In other cases this formality may
be dispensed with.
2. The district attorney, or
other counsel for the state, must open the case and offer the evidence in
support of the indictment or information.
3. The defendant or defendant's
counsel shall give an opening statement immediately after the opening statement
of the district attorney unless the defendant affirmatively reserves the opening
statement until the district attorney has rested the state's case. The defense
may offer evidence after the close of the state's case.
4. The parties may then,
respectively, offer rebutting testimony only, unless the court for good reason,
in furtherance of justice, or to correct an evident oversight, permit them to
offer evidence upon their original case.
5. When the evidence is
concluded, the attorneys for the prosecution may submit to the court written
instructions. If the questions of law involved in the instructions are to be
argued, the court shall direct the jury to withdraw during the argument, and
after the argument, must settle the instructions, and may give or refuse any
instructions asked, or may modify the same as he deems the law to be.
Instructions refused shall be marked in writing by the judge, if modified,
modification shall be shown in the instruction. When the instructions are thus
settled, the jury, if sent out, shall be recalled and the court shall thereupon
read the instructions to the jury.
6. Thereupon, unless the case is
submitted to the jury without argument, the counsel for the state shall
commence, and the defendant or his counsel shall follow, then the counsel for
the state shall conclude the argument to the jury. During the argument the
attorneys shall be permitted to read and comment upon the instructions as
applied to the evidence given, but shall not argue to the jury the correctness
or incorrectness of the propositions of law therein contained. The court may
permit one or more counsel to address the jury on the same side, and may arrange
the order in which they shall speak, but shall not without the consent of the
attorneys limit the time of their arguments. When the arguments are concluded,
if the court be of the opinion that the jury might be misled by the arguments of
counsel, he may to prevent the same further instruct the jury. All instructions
given shall be in writing unless waived by both parties, and shall be filed and
become a part of the record in the case.
Historical
Data
R.L. 1910, § 5870; Amended by Laws 2000, SB 524, c. 262,
§ 1, emerg. eff. July 1, 2000 (superseded document
available).
Citationizer® Summary of Documents Citing This Document
| Cite |
Name |
Level |
| Oklahoma Attorney General's Opinions |
| | Cite | Name | Level |
| | 2024 OK AG 15, | Question Submitted by: Vicki Zemp Behenna, Office of the District Attorney, 7th District | Cited |
| Oklahoma Court of Criminal Appeals Cases |
| | Cite | Name | Level |
| | 1989 OK CR 35, 778 P.2d 470, | GUY v. STATE | Cited |
| | 1990 OK CR 77, 801 P.2d 729, | WOOLDRIDGE v. STATE | Discussed |
| | 1977 OK CR 166, 571 P.2d 129, | ROBERTS v. STATE | Cited |
| | 2001 OK CR 34, 37 P.3d 908, 72 OBJ 3509, | FREDERICK v. STATE | Cited |
| | 1974 OK CR 158, 525 P.2d 1391, | McCARTY v. STATE | Cited |
| | 2003 OK CR 11, 71 P.3d 30, | LAMBERT v. STATE | Cited |
| | 2009 OK CR 15, 207 P.3d 385, | ROJEM v. STATE | Cited |
| | 2018 OK CR 15, 422 P.3d 752, | WILLIAMSON v. STATE | Cited |
| | 2019 OK CR 22, 450 P.3d 933, | HARRIS v. STATE | Cited |
| | 1954 OK CR 149, 277 P.2d 695, | HOBSON v. STATE | Cited |
| | 1955 OK CR 57, 283 P.2d 578, | SHAFFER v. STATE | Cited |
| | 1955 OK CR 59, 283 P.2d 872, | TICE v. STATE | Discussed |
| | 1957 OK CR 73, 314 P.2d 371, | ADAMS v. STATE | Cited |
| | 1958 OK CR 86, 339 P.2d 1066, | CRABTREE v. STATE | Cited |
| | 1960 OK CR 47, 357 P.2d 562, | YOUNG v. STATE | Cited |
| | 1975 OK CR 143, 538 P.2d 1066, | METOYER v. STATE | Cited |
| | 1962 OK CR 29, 370 P.2d 46, | CLARK v. STATE | Cited |
| | 1980 OK CR 121, 621 P.2d 1184, | TAYLOR v. STATE | Cited |
| | 1965 OK CR 76, 403 P.2d 262, | WILSON v. STATE | Cited |
| | 1966 OK CR 123, 418 P.2d 95, | ETHRIDGE v. STATE | Discussed at Length |
| | 1969 OK CR 55, 450 P.2d 837, | PICKENS v. STATE | Cited |
| | 1969 OK CR 152, 456 P.2d 610, | JONES v. STATE | Cited |
| | 1945 OK CR 68, 162 P.2d 336, 80 Okl.Cr. 328, | Jenkins v State | Cited |
| | 1981 OK CR 164, 638 P.2d 1128, | HILL v. STATE | Cited |
| | 1949 OK CR 13, 202 P.2d 999, 88 Okl.Cr. 279, | Glasgow v State | Discussed |
| | 1949 OK CR 45, 205 P.2d 1164, 89 Okl.Cr. 146, | Williams v State | Cited |
| | 1950 OK CR 71, 219 P.2d 267, 91 Okl.Cr. 367, | BRADY v. STATE | Cited |
| | 1950 OK CR 82, 219 P.2d 1027, 91 Okl.Cr. 433, | BYRD v. STATE | Discussed |
| | 1950 OK CR 117, 222 P.2d 763, 92 Okl.Cr. 256, | WALKER v. STATE | Cited |
| | 1951 OK CR 18, 227 P.2d 685, 93 Okl.Cr. 311, | HICKS v. STATE | Cited |
| | 1951 OK CR 80, 232 P.2d 651, 94 Okl.Cr. 198, | MILLER v. STATE | Discussed |
| | 1982 OK CR 161, 652 P.2d 1237, | BENNETT v. STATE | Cited |
| | 1982 OK CR 166, 652 P.2d 768, | KELLY v. STATE | Cited |
| | 1969 OK CR 219, 458 P.2d 322, | WHITE v. STATE | Cited |
| | 1969 OK CR 304, 462 P.2d 299, | THOMPSON v. STATE | Cited |
| | 1970 OK CR 179, 477 P.2d 395, | McDOULETT v. STATE | Discussed at Length |
| | 1971 OK CR 411, 491 P.2d 1098, | WYATT v. STATE | Cited |
| | 1983 OK CR 68, 663 P.2d 1237, | SMITH v. CITY OF TULSA | Cited |
| | 1983 OK CR 87, 665 P.2d 836, | CLIFTON v. STATE | Cited |
| | 1973 OK CR 39, 506 P.2d 571, | GOODWIN v. STATE | Cited |
| | 1983 OK CR 100, 666 P.2d 784, | PORTER v. STATE | Cited |
| | 1953 OK CR 90, 258 P.2d 1208, 97 Okl.Cr. 119, | RYAN v. STATE | Cited |
| | 1983 OK CR 131, 669 P.2d 285, | STAFFORD v. STATE | Cited |
| | 1953 OK CR 143, 262 P.2d 456, 97 Okl.Cr. 279, | HOLMAN v. STATE | Cited |
| | 1997 OK CR 30, 942 P.2d 211, | COHEE v. STATE | Discussed at Length |
| | 1997 OK CR 35, 942 P.2d 736, | CLEARY v. STATE | Cited |
| | 1985 OK CR 41, 698 P.2d 936, | LEIGH v. STATE | Cited |
| | 1985 OK CR 76, 702 P.2d 375, | MASTER v. STATE | Cited |
| | 1986 OK CR 73, 719 P.2d 461, | BRASSFIELD v. STATE | Cited |
| | 1986 OK CR 142, 725 P.2d 1278, | SHERRICK v. STATE | Cited |
| | 1987 OK CR 68, 736 P.2d 161, | MOORE v. STATE | Discussed |
| | 1987 OK CR 220, 744 P.2d 216, | ARNOLD v. STATE | Cited |
| | 1976 OK CR 163, 552 P.2d 415, | MATHES v. STATE | Cited |
| | 1976 OK CR 189, 554 P.2d 88, | DANIELS v. STATE | Cited |
Citationizer: Table of Authority
| Cite |
Name |
Level |
| None Found. |
Oklahoma Statutes Citationized
Section 831 - Order of Trial