Any criminal cause pending in the district court may, at any time before the trial is begun, on the application of the defendant be removed from the county in which it is pending to some other county in said judicial district, whenever it shall appear in the manner hereinafter provided, that the minds of the inhabitants of the county in which the cause is pending are so prejudiced against the defendant that a fair and impartial trial cannot be had therein. Such order of removal may be made on the application of the defendant by petition, setting forth the facts, verified by affidavit, if reasonable notice of the application be given to the district attorney and the truth of the allegations in such petition be supported by the affidavits of at least three credible persons, who reside in said county. The district attorney may introduce counter affidavits to show that the persons making affidavits in support of the application are not credible persons and that the change is not necessary, and may examine the witnesses in support of said application in open court in regard to the truth of said application; and if it be made to appear by the affidavits and examination of witnesses that a fair and impartial trial cannot be had in the county, a change shall be granted and the order made by the court. When there are several defendants in any indictment or criminal prosecution, and the cause of the removal thereof exists only as to one or more of them, the other defendants shall be tried and all proceedings had against them in the county, in which the case is pending, in all respects as if no order of removal had been made as to any defendant.

Historical Data

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R.L. 1910, § 5811.

   Citationizer^® Summary of Documents Citing This Document

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Cite	Name	Level
Oklahoma Court of Criminal Appeals Cases
	Cite	Name	Level
	1977 OK CR 70, 560 P.2d 1024,	HAMMONS v. STATE	Cited
	1988 OK CR 24, 750 P.2d 130,	HALE v. STATE	Cited
	1988 OK CR 181, 762 P.2d 950,	BEAR v. STATE	Cited
	1991 OK CR 57, 811 P.2d 1322,	SCHULTZ v. STATE	Cited
	1991 OK CR 115, 819 P.2d 1372,	TIBBS v. STATE	Cited
	1994 OK CR 12, 871 P.2d 56,	BROWN v. STATE	Cited
	1995 OK CR 42, 909 P.2d 783,	BRAUN v. STATE	Discussed
	1996 OK CR 26, 919 P.2d 1130,	HAIN v. STATE	Cited
	1974 OK CR 85, 521 P.2d 1382,	BRUTON v. STATE	Cited
	2001 OK CR 35, 38 P.3d 228, 72 OBJ 3717,	NICHOLS v. JACKSON	Cited
	1974 OK CR 131, 524 P.2d 793,	COOPER v. STATE	Cited
	2004 OK CR 19, 89 P.3d 1124,	DEROSA v. STATE	Cited
	1975 OK CR 77, 536 P.2d 965,	STATE EX REL. YOUNG v. WARREN	Cited
	2018 OK CR 31, 431 P.3d 929,	BENCH v. STATE	Cited
	2000 OK CR 10, 1 P.3d 1006, 71 OBJ 1303,	Childress v. State	Cited
	2023 OK CR 15, 538 P.3d 518,	SHEPARD v. STATE	Cited
	1954 OK CR 54, 273 P.2d 768,	MOONEY v. STATE	Cited
	1955 OK CR 45, 282 P.2d 255,	GONZALIS v. LYNCH	Cited
	1956 OK CR 123, 304 P.2d 361,	BROWN v. STATE	Cited
	1961 OK CR 45, 361 P.2d 1086,	PATE v. STATE	Cited
	1975 OK CR 154, 539 P.2d 392,	PRICHARD v. STATE	Cited
	1980 OK CR 62, 615 P.2d 1019,	STATE EX REL. WORTHEN v. GEORGE	Cited
	1980 OK CR 70, 617 P.2d 588,	IRVIN v. STATE	Discussed
	2025 OK CR 8,	REECE v. STATE	Cited
	2025 OK CR 10,	REECE v. STATE	Cited
	1967 OK CR 197, 437 P.2d 565,	SHAPARD v. STATE	Discussed
	1983 OK CR 47, 662 P.2d 1377,	HATCH v. STATE	Cited
	1983 OK CR 48, 663 P.2d 1,	AKE v. STATE	Cited
	1972 OK CR 40, 493 P.2d 852,	LEWELLYN v. STATE	Cited
	1953 OK CR 70, 257 P.2d 526, 97 Okl.Cr. 64,	WININEGAR v. STATE	Discussed
	1983 OK CR 128, 668 P.2d 1172,	FILGUERAS v. STATE	Cited
	1983 OK CR 131, 669 P.2d 285,	STAFFORD v. STATE	Cited
	1984 OK CR 12, 674 P.2d 1134,	DUTTON v. STATE	Cited
	1984 OK CR 27, 675 P.2d 443,	JEFFERSON v. STATE	Cited
	1974 OK CR 30, 519 P.2d 526,	DISHEROON v. STATE	Cited
	1986 OK CR 116, 723 P.2d 273,	WALKER v. STATE	Cited
	1987 OK CR 174, 742 P.2d 1131,	FOSTER v. STATE	Cited
	1987 OK CR 181, 743 P.2d 133,	BROWN v. STATE	Cited
	1976 OK CR 240, 554 P.2d 1386,	MINISTER v. STATE	Cited
	1976 OK CR 292, 556 P.2d 1285,	JOHNSON v. STATE	Cited
Oklahoma Supreme Court Cases
	Cite	Name	Level
	2009 OK 86, 222 P.3d 966,	COLLIER v. REESE	Cited

Citationizer: Table of Authority

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Cite	Name	Level
None Found.