CHAPTER 2. MOTION IN ARREST OF JUDGMENT Art. 859. Grounds for arrest of judgment The court shall arrest the judgment only on one or more of the following grounds: (1) The indictment is substantially defective, in that an essential averment is omitted; (2) The offense charged is not punishable under a valid statute; (3) The […]
Art. 860. Form, content, and trial of motion in arrest A motion in arrest of judgment shall be in writing, shall state the ground upon which it is based, and shall be tried contradictorily with the district attorney.
Art. 861. Time for filing motion in arrest A motion in arrest of judgment must be filed and disposed of before sentence. The court, on motion of the defendant and for cause shown, may postpone the imposition of sentence for a specified period in order to give the defense additional time to prepare and file […]
Art. 862. Effect of sustaining motion in arrest of judgment If the judgment is arrested because of a defect in the indictment, the indictment shall be dismissed and the defendant shall be discharged as to that indictment. However, a new indictment may be filed within the time limitation stated in Article 576. If the judgment […]
