Arrestof Judgmen

Arrest of Judgment. On a criminal prosecution when there is some objection on the face of the record (e.g. a material mis-statement or uncertainty in the indictment not aided, that is, not corrected by the verdict) the defendant may at any time between conviction and sentence move the court in arrest of judgment, and if the objection is well founded, judgment of acquittal is given, which, however, is no bar to a fresh indictment. Under the old common law practice, where a defendant might have taken, but did not take, some objection of substance to the plaintiff's pleading by demurring to it, and a verdict was found for the plaintiff, the defendant might then take the objection by moving in arrest of judgment, and if the objection was well founded, judgment would not be entered for the plaintiff. As a judgment on a verdict is, under the new practice, only entered by order of the judge or court, this procedure is now inapplicable.