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16-90-101. Arrest of judgment.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-90-101. Arrest of judgment.
(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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-90-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:16-90-101
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 872eb6307a5ff056885bbf72aecaf3aeaddef9212b93671c18c5c9f93454aa1c
Source location: content.xml paragraph 33591
Stored source content
16-90-101. Arrest of judgment.
(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.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-85-706. Motion to set aside indictment.
(a) The motion to set aside the indictment can only be made on the following grounds:
(1) A substantial error in the summoning or formation of the grand jury;
(2) That some person other than the grand jurors was present before the grand jury when they finally acted upon the indictment; and
(3) That the indictment was not found and presented as required by this code.
(b) If the motion is sustained, the court shall make an order that the case be submitted to another grand jury to be assembled at that or the next term of the court.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-85-706
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-85-706. This identifies an authority to review, not proof of applicability.