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Current as of March 28, 2024 | Updated by Findlaw Staff
(a) A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered upon a verdict against him or her or on a plea of guilty.
(b) The motion may be made at any time before judgment, or after judgment during the same term of the court.
(c) The only ground upon which a judgment shall be arrested is that the facts stated in the indictment do not constitute a public offense within the jurisdiction of the court.
(d) The court may arrest the judgment without motion on observing the defect in the indictment named in subsection (c) of this section.
(e) If the court is of opinion from the evidence on the trial that the defendant is guilty of a public offense, he or she may be detained in custody or on bail in the manner and for the time prescribed in § 16-85-706(b). However, otherwise he or she shall be discharged on the arrest of judgment.
Cite this article: FindLaw.com - Arkansas Code Title 16. Practice, Procedure, and Courts § 16-90-101. Arresting judgment - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-16-practice-procedure-and-courts/ar-code-sect-16-90-101/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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