Okla. Stat. tit. 22, § 22-849: Duty of court where no offense charged

If the jury be discharged because the facts as charged do not

constitute an offense punishable by law, the court must order that

the defendant, if in custody, be discharged therefrom, or, if

admitted to bail, that the bail be exonerated, or if he have

deposited money instead of bail, that the money deposited be

refunded to him unless in its opinion a new indictment or

information can be framed, upon which the defendant can be legally

convicted, in which case it may direct that the case be resubmitted

to the same or another grand jury, or a new information filed.