Okla. Stat. tit. 22, § 22-923: Defendant discharged on acquittal - Variance resulting in

acquittal may authorize new charges.

If a judgment of acquittal is given on a general verdict, and

the defendant is not detained for any other legal cause, he must be

discharged as soon as judgment is given, except that when the

acquittal is for a variance between the proof and the indictment or

information which may be obviated by a new indictment or information

the court may order his detention to the end that a new indictment

or information may be preferred in the same manner and with like

effect as provided in cases where the jury is discharged.