CCRP 859

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

CCRP 859

CHAPTER 2. MOTION IN ARREST OF JUDGMENT

Art. 859. Grounds for arrest of judgment

The court shall arrest the judgment only on one or more of the following grounds:

(1)The indictment is substantially defective, in that an essential averment is omitted;

(2)The offense charged is not punishable under a valid statute;

(3)The court is without jurisdiction of the case;

(4)The tribunal that tried the case did not conform with the requirements of Articles 779, 780 and 782 of this code;

(5)The verdict is not responsive to the indictment, or is otherwise so defective that it will not form the basis of a valid judgment;

(6)Double jeopardy, if not previously urged; or

(7)The prosecution was not timely instituted, if not previously urged.

(8)The prosecution was for a capital offense or for an offense punishable by life imprisonment, but was not instituted by a grand jury indictment.

Improper venue may not be urged by a motion in arrest of judgment.

Amended by Acts 1968, No. 145, §1; Acts 1974, Ex.Sess., No. 26, §1, eff. Jan. 1, 1975.