VII. JUDGMENT

217

Rule 34: Arrest of Judgment.

(a) Grounds. The court on motion of a defendant shall arrest judgment if:

(1) the indictment, presentment or information does not charge an offense; or

(2) the court was without jurisdiction of the charged offense.

(b) Procedures. The motion to arrest judgment may be made orally in open court, but it shall be reduced to writing and filed within thirty days of the date the order of sentence is entered.

(c) Motion for New Trial Not Waived. A motion to arrest judgment is not a waiver of the right to make a motion for a new trial.

Advisory Commission Comment.

There is no requirement as to the order in which motions for judgment of acquittal after a verdict of guilty, motions for a new trial, and motions in arrest of judgment are made. Each must be made within thirty days after the order of sentence is entered.

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