Sec. 116-2. Motion in arrest of judgment.

138 words·~1 min read·/il/chapter-725/act-5/116-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A written motion in arrest of judgment shall be filed by the defendant within 30 days following the entry of a verdict or finding of guilty. Reasonable notice of the motion shall be served upon the State.

(b)The court shall grant the motion when:

(1)The indictment, information or complaint does not charge an offense, or

(2)The court is without jurisdiction of the cause.

(c)A motion in arrest of judgment attacking the indictment, information, or complaint on the ground that it does not charge an offense shall be denied if the indictment, information or complaint apprised the accused of the precise offense charged with sufficient specificity to prepare his defense and allow pleading a resulting conviction as a bar to future prosecution out of the same conduct.