Oklahoma § 22-504.1 - Motion to quash for insufficient evidence - Proof Setting aside of indictment or information - Double jeopardy Denial of motion

§ 22-504.1. Motion to quash for insufficient evidence - Proof Setting aside of indictment or information - Double jeopardy Denial of motion

A. In addition to a demurrer to the indictment or information,

as provided in Section 504 of Title 22 of the Oklahoma Statutes, the

defendant may file a motion to quash for insufficient evidence in

felony cases after preliminary hearing. The defendant must

establish beyond the face of the indictment or information that

there is insufficient evidence to prove any one of the necessary

elements of the offense for which the defendant is charged.

B. The motion to quash for insufficient evidence must be set

for hearing on a day certain at the time it is made and notice shall

be provided to all parties.

C. The indictment or information must be set aside by the

court, in which the defendant is formally arraigned, if judgment for

the defendant on a motion to quash for insufficient evidence beyond

the face of the information is granted.

D. An order to set aside an indictment or information on

judgment for the defendant on a motion to quash for insufficient

evidence, as provided in this section, shall not be a bar to a

further prosecution for the same offense. A denial of the motion to

quash is not a final order from which a defendant may appeal.

Added by Laws 1990, c. 261, § 4, emerg. eff. May 24, 1990.

Oklahoma Statutes - Title 22. Criminal Procedure