Page:Revised Codes of the State of North Dakota 1895.pdf/1478

§§ 8274-8277 in the language of section 8271. When the application is made upon the minutes of the court, the notice must specify particularly the errors relied upon and upon the hearing reference may be had to any and all papers on file in the action, the clerk's minutes and the stenographer's notes of the testimony. The application must be heard on the day specified in the notice, or as soon as practicable thereafter. In all cases when the notice is served before judgment, the court may in its discretion, stay all further proceedings in the action until such application is disposed of. When the application is made upon the minutes of the court and a statement of the case becomes necessary, the draft thereof, and amendments thereto may be proposed and served and the statement settled, certified and filed in the manner and times and after the notices in this article specified. If a review of the decision upon such application is sought on appeal, the errors specified in the notice must be embodied in the statement as settled and certified.

§ 8274. Same. Time within which made. The application for a new trial, except in case of a sentence of death, must be made before the time for an appeal has elapsed. In case of a sentence of death, the application may be made at any time before the execution.

ARTICLE 3.- ARREST OF JUDGMENT.

§ 8275. Motion in arrest of judgment defined. A motion in arrest of judgment is an application on the part of the defendant, that no judgment be rendered on a plea or verdict of guilty, or on a verdict against the defendant on a plea of former conviction or acquittal or once in jeopardy. It may be founded on any of the defects in the information or indictment mentioned in section S091. unless the objection has been waived by a failure to demur, and must be made before or at the time the defendant is called for judgment.

§ 8276. Court, without motion, may arrest judgment. 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 information was filed or the indictment found.

§ 8277. 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 he may be convicted, the court may order him 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 him guilty of another offense, he must be committed or held thereon, and in neither case shall the verdict be a bar to another prosecution. 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 must be exonerated, or if money has been deposited instead of bail, it must be refunded, and the arrest of judgment shall operate as an acquittal of the defendant of the charge upon which the information or indictment was founded.

1414