(1) A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered upon a verdict against him or her or on a plea of guilty.
(2) The motion may be made at any time before judgment, or after judgment during the same term of the court.
(3) The only ground upon which a judgment shall be arrested is that the facts stated in the indictment do not constitute a public offense within the jurisdiction of the court.
(4) The court may arrest the judgment without motion on observing the defect in the indictment named in subsection (c) of this section.
(5) If the court is of opinion from the evidence on the trial that the defendant is guilty of a public offense, he or she may be detained in custody or on bail in the manner and for the time prescribed in § 16-85-706(b). However, otherwise he or she shall be discharged on the arrest of judgment.