CHAPTER 2.  MOTION IN ARREST OF JUDGMENT

Art. 859.  Grounds for arrest of judgment

The court shall arrest the judgment only on one or more of the following grounds:

(1)  The indictment is substantially defective, in that an essential averment is omitted;

(2)  The offense charged is not punishable under a valid statute;

(3)  The court is without jurisdiction of the case;

(4)  The tribunal that tried the case did not conform with the requirements of Articles 779, 780 and 782 of this code;

(5)  The verdict is not responsive to the indictment, or is otherwise so defective that it will not form the basis of a valid judgment;

(6)  Double jeopardy, if not previously urged; or

(7)  The prosecution was not timely instituted, if not previously urged.

(8)  The prosecution was for a capital offense or for an offense punishable by life imprisonment, but was not instituted by a grand jury indictment.

Improper venue may not be urged by a motion in arrest of judgment.

Amended by Acts 1968, No. 145, §1; Acts 1974, Ex.Sess., No. 26, §1, eff. Jan. 1, 1975.