The effect of allowing a motion in arrest of judgment shall be to place the defendant in the same position with respect to the prosecution as before the indictment was found. If, from the evidence on the trial, there shall be sufficient reason to believe him guilty of an offense, the court shall order him to enter into a recognizance with sufficient security, conditioned for his appearance at the first day of the next term of the same court; otherwise the defendant shall be discharged.
Neb. Rev. Stat. § 29-2106
Arrest of judgment; effect
Applied in 1 court decision — leading case State v. Kearns (1994)
Most recently applied in State v. Kearns (April 1994)
G.S.1873, c. 58, § 494, p. 832; R.S.1913, § 9135; C.S.1922, § 10160; C.S.1929, § 29-2105; R.S.1943, § 29-2106.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.