Okla. Stat. tit. 22, § 22-841: Higher offense than charged, existence of - Jury

discharged.

If it appear by the testimony that the facts proved constitute

an offense of a higher nature than that charged in the indictment or

information, the court may direct the jury to be discharged, and all

proceedings on the indictment or information to be suspended, and

may order the defendant to be committed or continued on, or admitted

to bail, to answer any new indictment or information which may be

filed against him for the higher offense.