2013 North Dakota Century Code Title 29 Judicial Procedure, Criminal Chapter 29-25 Motion in Arrest of Judgment
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CHAPTER 29-25
MOTION IN ARREST OF JUDGMENT
29-25-01. 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Superseded by N.D.R.Crim.P., Rule 34.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Superseded by N.D.R.Crim.P., Rule 34.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Superseded by N.D.R.Crim.P., Rule 34.
29-25-04. Notice of motion - When motion heard and decided.
Superseded by N.D.R.Crim.P., Rule 34.
29-25-05. Effect of allowing a motion in arrest.
The effect of allowing a motion in arrest of judgment is to place the defendant in the same
situation in which the defendant was before the information was filed or the indictment found.
29-25-06. Judgment arrested - Further prosecution - Acquittal.
If, from the evidence in a trial, there is reason to believe the defendant guilty, and a new
information or indictment can be framed upon which the defendant may be convicted, the court
may order the defendant to be recommitted to the officer of the proper county, or admitted to
bail anew, to answer the new information or indictment. If the evidence shows the defendant
guilty of another offense, the defendant must be committed or held thereon, and in neither case
may the verdict be a bar to another prosecution. If no evidence appears sufficient to charge the
defendant with any offense, the defendant, if in custody, must be discharged, or if admitted to
bail, the defendant's bail must be exonerated, or if money has been deposited instead of bail, it
must be refunded, and the arrest of judgment operates as an acquittal of the defendant of the
charge upon which the information or indictment was founded.
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