23A-30-1.(Rule 34) Grounds for arrest of judgment–Time for motion. A court shall arrest judgment if an indictment or information does not charge an offense or if the court does not have jurisdiction of the offense charged. Any party may move to arrest judgment, but such motion must be made within ten days after the verdict […]
23A-30-2. Effect of arrest of judgment. The effect of allowing a motion in arrest of judgment is to place the defendant in the same situation in which he was before the indictment or information was filed. Source: Supreme Court Rule 409, 1939; SDC 1939 & Supp 1960, §34.3677; SDCL, §23-47-2; SL 1978, ch 178, §382.
23A-30-3. Recommitment or admission to bail after arrest of judgment–Discharge if evidence insufficient. If from the evidence introduced at a trial there is probable cause to believe a defendant is guilty, and a new indictment or information can be framed upon which he may be convicted, a court may order him to be recommitted to […]
