Oklahoma § 22-1164 - Order of trial of sanity

§ 22-1164. Order of trial of sanity

The trial of the question of insanity must proceed in the

following order:

1. The counsel for the defendant must open the case and offer

evidence in support of the allegation of insanity.

2. The counsel for the state may then open their case and offer

evidence in support thereof.

3. The parties may then respectively offer rebutting testimony

only, unless the court, for good reason, in furtherance of justice,

permit them to offer evidence upon their original case.

4. When the evidence is concluded, unless the case be submitted

to the jury on either side or on both sides, without argument, the

counsel for the state must commence, and the defendant or his

counsel may conclude the argument to the jury.

5. If the indictment be for an offense punishable with death

two counsels on each side may argue the causes to the jury, in which

case they must do so alternately. If it be for any other offense,

Oklahoma Statutes - Title 22. Criminal Procedure

the court may, in its discretion, restrict the argument to one

counsel on each side.

6. The court must then charge the jury before argument as in

other cases.

R.L.1910, § 6052.