Oklahoma § 22-1058 - Conditions of bond - Surrender by sureties - Stay of

§ 22-1058. Conditions of bond - Surrender by sureties - Stay of

execution - Confinement of defendant when crime not bailable.

If an appeal is taken and the appeal bond given as provided in

the preceding section, said bond shall be conditioned that the

Oklahoma Statutes - Title 22. Criminal Procedure

defendant will appear, submit to and perform any judgment rendered

by the Criminal Court of Appeals or the court in which the original

judgment was rendered in the further progress of the cause, and will

not depart without leave of the court. After the determination of

the appeal in the Criminal Court of Appeals, or if the appeal is not

perfected as provided by law, the defendant may be surrendered by

the sureties to the proper authorities for the execution of the

sentence. If the defendant be adjudged to be incarcerated in any

penal institution and/or to pay a fine, said sureties shall be

relieved of liability for such fine and costs upon surrender of the

defendant to the proper authorities for incarceration pursuant to

the judgment and prior to forfeiture of the bond. If no bond be

given the appeal shall not stay execution of the judgment, except in

capital cases or where otherwise specifically provided by law. If

pending the appeal the bond be given, a further execution of the

judgment shall be stayed and the defendant released pending the

determination of the appeal. In all cases where the sentence is for

a crime not bailable the defendant shall be confined in the

penitentiary pending the appeal.

R.L. 1910, § 5995; Laws 1935, p. 20, § 1.