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29-25 Motion in Arrest of Judgment

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CHAPTER 29-25MOTION IN ARREST OF JUDGMENT29-25-01.Motion in arrest of judgment defined.Superseded by N.D.R.Crim.P.,Rule 34.29-25-02. Grounds for arrest of judgment. Superseded by N.D.R.Crim.P., Rule 34.29-25-03.Form and contents of motion - Entry in minutes.Superseded byN.D.R.Crim.P., Rule 34.29-25-04.Notice of motion - When motion heard and decided.Superseded byN.D.R.Crim.P., Rule 34.29-25-05. Effect of allowing a motion in arrest. The effect of allowing a motion inarrest of judgment is to place the defendant in the same situation in which the defendant was<br>before the information was filed or the indictment found.29-25-06. Judgment arrested - Further prosecution - Acquittal. If, from the evidencein a trial, there is reason to believe the defendant guilty, and a new information or indictment can<br>be framed upon which the defendant may be convicted, the court may order the defendant to be<br>recommitted to the officer of the proper county, or admitted to bail anew, to answer the new<br>information or indictment. If the evidence shows the defendant guilty of another offense, the<br>defendant must be committed or held thereon, and in neither case may the verdict be a bar to<br>another prosecution. If no evidence appears sufficient to charge the defendant with any offense,<br>the defendant, if in custody, must be discharged, or if admitted to bail, the defendant's bail must<br>be exonerated, or if money has been deposited instead of bail, it must be refunded, and the<br>arrest of judgment operates as an acquittal of the defendant of the charge upon which the<br>information or indictment was founded.Page No. 1Document Outlinechapter 29-25 motion in arrest of judgment