Okla. Stat. tit. 22, § 22-1067: Order when no offense committed - When indictment

defective.

When a judgment against the defendant is reversed, and it

appears that no offense whatever has been committed, the Criminal

Court of Appeals must direct that the defendant be discharged; but

if it appears that the defendant is guilty of an offense although

defectively charged in the indictment, the Criminal Court of Appeals

must direct the prisoner to be returned and delivered over to the

jailer of the proper county, there to abide the order of the court

in which he was convicted.