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

Okla. Stat. tit. 22, § 404 (2026)

Single offense to be charged - Different counts

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The indictment or information must charge but one offense, but where the same acts may constitute different offenses, or the proof may be uncertain as to which of two or more offenses the accused may be guilty of, the different offenses may be set forth in separate counts in the same indictment or information and the accused may be convicted of either offense, and the court or jury trying the cause may find all or either of the persons guilty of either of the offenses charged, and the same offense may be set forth in different forms or degrees under different counts; and where the offense may be committed by the use of different means, the means may be alleged in the alternative in the same count. R.L.1910, § 5741.

Notes of Decisions
Cited in 27 cases, 1959–2017 · leading case: Dodson v. State, 562 P.2d 916 (Okla. Crim. App. 1977).
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Dodson v. State, 562 P.2d 916 (Okla. Crim. App. 1977). · cites it 3× “” Without further discussion it is noted that 22 O.S.1971, § 404, which was in existence when H.”
Shrum v. State, 1999 OK CR 41, 991 P.2d 1032. · cites it 2× “To avoid such problems, prosecutors may elect to charge the accused in the alternative pursuant to 22 O.S.1991, § 404.”
Crawford v. State, 840 P.2d 627 (Okla. Crim. App. 1992). · cites it 2× “Appellant asserts that the intent of 22 O.S.1981, § 404, permitting the pleading of a criminal offense in alternative counts, is to give the jury the option of selecting between two or more alternatives when the acts charged could constitute more than one offense and that an…”
Phelps v. State, 598 P.2d 254 (Okla. Crim. App. 1979). · cites it 3× “Relying on 22 O.S.1971, § 404, 7 the appellant claims that it is improper for the State to allege two separate offenses in the same information, and that by charging him under both Section 701.”
Plunkett v. State, 719 P.2d 834 (Okla. Crim. App. 1986). “Title 22 O.S.1981, § 404 states that “where the offense may be committed by the use of different means, the means may be alleged in the alternative in the same count.”
Glass v. State, 701 P.2d 765 (Okla. Crim. App. 1985). “; and counts five, six and seven encompass charges of Robbery with a Dangerous Weapon, Assault with Intent to Rape, and Crime Against Nature in a May 14, 1982 incident against C.”
Allison v. State, 675 P.2d 142 (Okla. Crim. App. 1983). “2 The appellant’s argument is based upon 22 O.S.1981, § 404, which statute we have held to be repealed by implication by the enactment of 22 O.”
Collins v. State, 561 P.2d 1373 (Okla. Crim. App. 1977). “Title 22 O.S.1971, § 404, provides than an information shall charge one offense only, and the defendant argues that since the information in his case alleged the murders of all four members of the Thrasher family it was in violation of this statute; that each of the killings…”
Carson v. State, 529 P.2d 499 (Okla. Crim. App. 1974). · cites it 2× “These charges should have been laid under the provisions of 22 O.S. § 404, as separate counts in one information.”
Sanders v. State, 612 P.2d 1363 (Okla. Crim. App. 1980). · cites it 3× “He further points out that 22 O.S.1971, § 404, provides that an indictment or information must charge but one offense, except that two or more offenses may be set forth in separate counts.”
Bradley v. State, 561 P.2d 548 (Okla. Crim. App. 1977). “” The pertinent statute in this situation is 22 O.S.1971, § 404, which reads as follows: “The indictment or information must charge but one offense, but where the same acts may constitute different offenses, or the proof may be uncertain as to which of two or more offenses the…”
Lawson v. State, 484 P.2d 900 (Okla. Crim. App. 1971). “22 O.S.1961, § 404, was provided as follows : “The indictment or information must charge but one offense, but where the same acts may constitute different offenses, or the proof may be uncertain as to which of two or more offenses the accused may be guilty of, the different…”
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