A motion in arrest of judgment may be granted by the court for either of the following causes: (1) That the grand jury which found the indictment had no legal authority to inquire into the offense charged, by reason of it not being within the jurisdiction of the court; or (2) that the facts stated in the indictment do not constitute an offense.

Source

  • G.S.1873, c. 58, § 493, p. 831;
  • R.S.1913, § 9134;
  • C.S.1922, § 10159;
  • C.S.1929, § 29-2104;
  • R.S.1943, § 29-2104.

Terms Used In Nebraska Statutes 29-2104

  • Arrest: Taking physical custody of a person by lawful authority.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.