Ark. Code Ann. § 16-90-101 (2026)
Arrest of judgment
- 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.
- The motion may be made at any time before judgment, or after judgment during the same term of the court.
- 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.
- The court may arrest the judgment without motion on observing the defect in the indictment named in subsection (c) of this section.
- 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.
History. Crim. Code, §§ 271-275; C. & M. Dig., §§ 3222-3225; Pope's Dig., §§ 4062-4065; A.S.A. 1947, §§ 43-2206 — 43-2210.
A.C.R.C. Notes. Section 16-85-706(b), referred to in subsection (e) of this section, was amended by Acts 2005, No. 1994, § 322, to remove references to custody and bail. Before the 2005 amendment § 16-85-706(b) read: “If the motion is sustained, the court shall make an order that the case be submitted to another grand jury, to be assembled at that or the next term of the court. The defendant, if in custody, shall be remanded to jail, or if he is on bail, the bail shall be liable for the defendant’s appearance to answer a new indictment, if one is found.”
Publisher's Notes. This section may be affected by § 16-91-105 and Ark. R. Crim. P. 33.3 as to the time for filing a motion in arrest of judgment.
Cross References. Time for filing motion for new trial, motion in arrest of judgment, or any other application for relief, § 16-91-105, Ark. R. Crim. P. 33.3.
Case Notes
Construction.
Subsection (c) requires that every material fact necessary to constitute an offense be alleged in the indictment. Barton v. State, 29 Ark. 68 (1874); Younger v. State, 37 Ark. 116 (1881) (decisions prior to 1937 amendment of § 16-85-403).
Construction of Indictment.
Indictment will, if possible, be so construed as to sustain the verdict. Loudermilk v. State, 110 Ark. 549, 162 S.W. 569 (1913); Davis v. State, 131 Ark. 542, 199 S.W. 902 (1917).
Where the facts alleged in an indictment for robbery constituted a public offense, a motion in arrest of judgment was properly overruled. Williams v. State, 153 Ark. 289, 239 S.W. 1065 (1922).
Every material fact constituting an offense must be alleged but, in determining the question of whether a public offense is properly alleged, the language used will be construed in favor of the validity of the indictment unless such interpretation is contrary to the plain and usual meaning of the words in the indictment. Dover v. State, 165 Ark. 496, 265 S.W. 76 (1924).
Grounds for Motion.
Motion in arrest of judgment cannot raise questions as to the sufficiency of the evidence; its only province is to question the sufficiency of the indictment, or at the utmost only such errors as appear on the record. McCoy v. State, 46 Ark. 141 (1885); State v. Bledsoe, 47 Ark. 233, 1 S.W. 149 (1886).
Evidence insufficient to establish grounds for motion in arrest of judgment. Ince v. State, 77 Ark. 426, 93 S.W. 65 (1906); Shaw v. State, 194 Ark. 272, 108 S.W.2d 497 (1937); Haraway v. State, 202 Ark. 845, 153 S.W.2d 161 (1941).
The only ground upon which a judgment may be arrested is that facts stated in the indictment or information do not constitute a public offense within the jurisdiction of the court. Bowen v. State, 205 Ark. 380, 168 S.W.2d 836 (1943).
Sufficiency of Information.
If a defendant in a criminal case desires to question the sufficiency of the information, he must either file a demurrer to the information or file a motion in arrest of judgment; he cannot raise the question by appeal. England v. State, 234 Ark. 421, 352 S.W.2d 582 (1962).
Verdict.
Motion should be granted when accused is found guilty of an offense not charged or included in the charge made in the indictment. Jones v. State, 100 Ark. 195, 139 S.W. 1126 (1911).
Defendant convicted on a plea of nolo contendere to sexual misconduct was not entitled to an arrest of judgment; although former § 5-14-107, the statute defining sexual misconduct as a criminal offense, had been repealed before he entered his plea of nolo contendere, the statute was in effect at the time he committed the offense. Holt v. State, 85 Ark. App. 151, 147 S.W.3d 699 (2004).
Cited: Clark v. State, 271 Ark. 866, 611 S.W.2d 502 (1981).