Okla. Stat. » Title 22 — CRIMINAL PROCEDURE
Oklahoma Statutes

Okla. Stat. tit. 22, § 301 (2026)

Manner of prosecution of offenses

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Every felony must be prosecuted by indictment or information in the district or superior court. Misdemeanors must be prosecuted by information, except as otherwise provided by law: Provided, however, that the district court or the judge thereof, may, by order made, direct that any particular misdemeanor be presented to the grand jury, and when so ordered it may be prosecuted by indictment. R.L.1910, § 5693.

Notes of Decisions
Cited in 9 cases, 1958–2017 · leading case: Ashton v. State, 2017 OK CR 15, 400 P.3d 887.
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Ashton v. State, 2017 OK CR 15, 400 P.3d 887. “As the Information is the initial document filed in the case and the State must endorse "all the witnesses known to the district attorney at the time of filing” we find no fault in the prosecutor’s action.”
Buis v. State, 792 P.2d 427 (Okla. Crim. App. 1990). “(emphasis added) The Legislature has prescribed the manner of prosecution of criminal offenses in 22 O.S.1981, § 301, and further set forth the requisites of an Information in 22 O.”
Ashton v. State, 2017 OK CR 15. · cites it 2× “7 Appellant notes that the State had listed Goff as a witness in the charging Information but it was the defense which intended to call Goff to testify at trial. As the Information is the initial document filed in the case and the State must endorse "all the witnesses known to…”
Gille v. State, 743 P.2d 654 (Okla. Crim. App. 1987). “Furthermore, 22 O.S.1981, § 301 expressly provides that misdemeanors must be prosecuted by information.”
Brown v. State, 728 P.2d 494 (Okla. Crim. App. 1986). “The appellant raises four assignments of error on appeal.”
Simmons v. State, 725 P.2d 309 (Okla. Crim. App. 1986). “We find that the trial court properly denied appellant’s request for an indictment since 22 O.S.1981, § 301 expressly provides that misdemeanors must be prosecuted by information.”
State ex rel. Pitchford v. Dist. Court of the 24th Jud. Dist. of Oklahoma, 323 P.2d 993 (Okla. Crim. App. 1958). “22 O.S.1951 § 301. The case of Coon v. State, supra, from the supreme court and cited by the defendant, does not purport to hold to the contrary.”
City of Lawton v. Barbee, 782 P.2d 927 (Okla. 1989). ““No person shall be prosecuted criminally in courts of record for felony or misdemeanor otherwise than by presentment or indictment or by information.”
Flint v. Sater, 374 P.2d 929 (Okla. Crim. App. 1962). “The question then arises what relief may be had in the county court when, after jurisdiction has been acquired by the filing of an information (22 O.S.1961 § 301) and before trial, the question of sanity of the accused is raised.”
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