Oklahoma § 22-952 - Grounds for new trial - Affidavits and testimony

§ 22-952. Grounds for new trial - Affidavits and testimony

A court in which a trial has been had upon an issue of fact has

power to grant a new trial when a verdict has been rendered against

a defendant by which his substantial rights have been prejudiced,

upon his application in the following cases only:

First. When the trial has been in his absence, if the charge is

for a felony.

Second. When the jury have received any evidence out of court,

other than that resulting from a view of the premises.

Oklahoma Statutes - Title 22. Criminal Procedure

Third. When the jury have separated without leave of the court,

after retiring to deliberate on their verdict, and before delivering

or sealing the same, if it be sealed, or have been guilty of any

misconduct by which a fair and due consideration of the case has

been prevented.

Fourth. When the verdict has been decided by lot, or by any

means other than a fair expression of opinion on the part of the

jury.

Fifth. When the court has misdirected the jury in a matter of

law, or has erred in the decision of any question of law arising

during the course of the trial.

Sixth. When the verdict is contrary to law or evidence.

Seventh. When new evidence is discovered, material to the

defendant, and which he could not with reasonable diligence have

discovered before the trial, or when it can be shown that the grand

jury was not drawn summoned or impaneled as provided by law, and

that the facts in relation thereto were unknown to the defendant or

his attorney until after the trial jury in the case was sworn and

were not of record. When a motion for a new trial is made on the

ground of newly discovered evidence, the defendant must produce at

the hearing in support thereof affidavits of witnesses, or he may

take testimony in support thereof as provided in Section 5781, and

if time is required by the defendant to procure such affidavits or

testimony, the court may postpone the hearing of the motion for such

length of time as under all the circumstances of the case may seem

reasonable. The application for a new trial on the ground that the

grand jury was not drawn summoned or impaneled as provided by law

may be shown in like manner.

R.L.1910, § 5937.