Page:1887 Compiled Laws of Dakota Territory.pdf/1217

The Judgment thirty days after the entry of such judgment. And motions for a new trial on the ground of newly discovered evidence, may be made after judgment at the term in which the cause is tried, or during vacation before the court or judge thereof, at any time before the next succeeding term or at such term.

§ 7452. A motion in arrest of judgment is an application on the part of the defendant, that no judgment be rendered on plea or verdict of guilty, or on a verdict against the defendant on a plea of a former conviction or acquittal. It may be founded on any of the defects in the indictment mentioned in section 7292, unless the objection to the indictment has been waived by a failure to demur, and must be made before or at the time the defendant is called for judgment.

§ 7453 The court may also, on its own view of any of these defects, arrest the judgment without motion. 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 was found, and in no case of arrest of judgment is the verdict a bar to another prosecution or indictment.

§ 7454. If, from the evidence on the trial, there is reasonable ground to believe the defendant guilty, and a new indictment can be framed upon which he may be convicted, the court may order him to be recommitted to the officer of the proper county or subdivision, or admitted to bail anew to answer the new indictment. If the evidence shows him guilty of another offense, he must be committed or held thereon; but if no evidence appears sufficient to charge him with any offense, he must, if in custody, be discharged, or if admitted to bail, his bail is exonerated, or if money has been deposited instead of bail, it must be refunded to the defendant, and the arrest of judgment operates as an acquittal of the charge upon which the indictment was founded.

§ 7455. After a plea or verdict of guilty, or after a verdict against the defendant on a plea of a former conviction or