Idaho Code
Idaho Code § 19-2408 (2026)
Arrest of judgment — Grounds for motion.
✓ current as of May 2026
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Arrest of judgment — Grounds for motion.
A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered on a plea or verdict of guilty, or on a verdict against the defendant on a plea of a former conviction or acquittal. It may be founded on any of the defects in the indictment that are grounds of demurrer, unless the objection to the indictment has been waived by a failure to demur, and must be made before or at the time the defendant is called for judgment.
Notes of Decisions
Cited in 4
cases, 1957–1975 · leading case: State v. Brusseau, 532 P.2d 563 (Idaho 1975).
State v. Brusseau, 532 P.2d 563 (Idaho 1975). “The issue could be raised with a motion for arrest of judgment pursuant to I.C. § 19-2408, a motion for withheld judgment pursuant to I.”
State v. Laws, 485 P.2d 144 (Idaho 1971). “I.C. § 19-2408 provides: “A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered on a plea or verdict of guilty, or on a verdict against the defendant on a plea of a former conviction or acquittal.”
State v. Iverson, 310 P.2d 803 (Idaho 1957). “§ 19-2407; Arrest of judgment, I.C. §§ 19-2408 and 19-2409; Commutation of sentence and suspension of judgment, I.”
State v. McCoy, 486 P.2d 247 (Idaho 1971). “§ 19-2406), arrest the judgment (I.C. § 19-2408), or arrest the judgment on the court's own motion (I.”
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