Oklahoma § 22-1102 - Bail when crime is punishable by death

§ 22-1102. Bail when crime is punishable by death

Bail, by sufficient sureties, may be admitted upon all arrests

in criminal cases where the punishment may be death, unless the

proof is evident or the presumption great; and in such cases it

shall be taken only by the Criminal Court of Appeals or a district

or superior court, or by a justice or judge thereof, who shall

exercise their discretion therein, having regard to the nature and

circumstances of the offense, and of the evidence and to the usages

of law; but if the case has been tried by jury, and the jury have

disagreed on their verdict, then the above presumption is removed,

and the defendant shall thereupon be entitled to bail, unless it

shall appear to the court or judge thereof, by due proof, that such

disagreement was occasioned by the misconduct of the jury.

R.L.1910, § 6104.