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Arrest of Judgment

indictment, court and record

ARREST OF JUDGMENT. The act of a court by which the judges refuse to give judgment for the plaintiff, because upon the face of the record it appears that the plain tiff is not entitled to it.

A motion for arrest of judgment must be grounded on some objection arising on the face of the record itself ; State v. Casey, 44 La. Ann. 969, 11 South. 583; McGill v. Roth geb, 45 Ill. App. 511; and no defect in the evidence or irregularity at the trial can be urged in this stage of the proceedings. But any want of sufficient certainty in the in dictment, as in the statement of time or place (where material), of the person against whom the offence was committed, or of the facts and circumstances constituting the of fence, or otherwise, which is not aided by the verdict, is a ground for arresting the judgment. In criminal cases, an arrest of judgment is founded on exceptions to the indictment. In civil cases whatever is al leged in arrest of judgment must be such matter as would on demurrer have been suf ficient to overturn the action or plea. In the applicability of the rule there is no differ ence between civil and criminal cases; Dela ware Division Canal Co. v. Corn., 60 Pa. 367, 100 Am. Dec. 570. Although the defendant

himself omits to make any motion in arrest of judgment, the court, if, on a review of the case, it is satisfied that the defendant has not been found guilty of any offence in law, will of itself arrest the judgment; 1 East 146. Where a statute upon which an indict ment is founded was repealed after the find ing of the indictment, but before plea plead ed, the court arrested the judgment ; 18 Q. B. 761; Dearsl. 3. See also 8 Ad. & E. 490; 1 Russ. & R. 429; Com. v. Marshall, 11 Pick. (Mass.) 350, 22 Am. Dec. 377; Coro. v. Pat tee, 12 Cush. (Mass.) 501. If the judgment is arrested, all the proceedings are set aside, and judgment of acquittal is given; but this will be no bar to a new indictment; Comyns. Dig. Indictment, N.; 1 Bish. Cr. Law 998.

Where a judgment rendered has been re versed, and a new trial granted, which is had upon the same indictment in the same court, a motion 'in arrest of judgment on the ground of a former acquittal of a higher offence charged in the indictment, is good where Such facts appear in the record ; Gold ing v. State, 31 Fla. 262, 12 South. 525.