(Rule 34) Grounds for arrest of judgment--Time for motion.

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23A-30-1.(Rule 34) Grounds for arrest of judgment--Time for motion.

A court shall arrest judgment if an indictment or information does not charge an offense or if the court does not have jurisdiction of the offense charged. Any party may move to arrest judgment, but such motion must be made within ten days after the verdict or finding of guilty or after a plea of guilty or nolo contendere, or within such further time as the court may fix during the ten-day period.

Source: Supreme Court Rule 409, 1939; SDC 1939 & Supp 1960, §34.3677; SDCL, §23-47-1; SL 1978, ch 178, §381.


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