K.S.A. » Chapter 22
Kansas Statutes Annotated

K.S.A. § 22-3502 (2026)

Arrest of judgment

✓ current as of May 2026
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22-3502. Arrest of judgment. The court on motion of a defendant shall arrest judgment if the complaint, information or indictment does not charge a crime or if the court was without jurisdiction of the crime charged. The motion for arrest of judgment shall be made within 14 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 14-day period.

History: L. 1970, ch. 129, § 22-3502; L. 2010, ch. 135, § 26; July 1.

Notes of Decisions
Cited in 47 cases (5 in the last 5 years), 1978–2026 · leading case: State v. Dunn, 375 P.3d 332 (Kan. 2016).
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State v. Dunn, 375 P.3d 332 (Kan. 2016). · cites it 7× “" K.S.A. 22-3502. At the time of Dunn's trial and now, the time limit for such a motion has been 14 days after verdict or finding of guilt or a plea of guilty or nolo contendere, unless the court extends the deadline.”
State v. Reyna, 234 P.3d 761 (Kan. 2010). · cites it 6× “" K.S.A. 22-3502. Reyna made it explicitly clear in his brief that he is not claiming that his complaint was defective and that he does not believe that Hall is applicable.”
Ferguson v. State, 78 P.3d 40 (Kan. 2003). · cites it 5× “22-3208 or to arrest judgment under K.S.A. 22-3502 on the ground that the Information did not charge a crime.”
State v. Sims, 862 P.2d 359 (Kan. 1993). · cites it 10× “” K.S.A. 22-3502 provides: "The court on motion of a defendant shall arrest judgment if the complaint, information or indictment does not charge a crime or if the court was without jurisdiction of the crime charged.”
State v. Holt, 313 P.3d 826 (Kan. 2013). · cites it 5× “In addition to a motion for new trial under K.S.A. 2012 Supp. 22-3501, it is not uncommon for a defendant to file, e.”
State v. Carr, 331 P.3d 544 (Kan. 2014). · cites it 3× “Since Hall, the proper procedure for a defendant to challenge a defect in the complaint, information, or indictment is to file a motion to arrest judgment under K.S.A. 22-3502. Hall, 246 Kan. at *186 760 .”
State v. Barlow, 368 P.3d 331 (Kan. 2016). · cites it 2× “K.S.A. 22-3502. The State does not have a right to appeal a judgment of acquittal, because appellate review of a decision after acquittal constitutes double jeopardy.”
State v. Sellers, 344 P.3d 950 (Kan. 2015). · cites it 6× “22-3503 allows the trial court to arrest judgment without a motion by defendant and without the time constraints of K.S.A. 22-3502.” The district court judge denied Sellers’ motion.”
State v. Downey, 27 P.3d 939 (Kan. Ct. App. 2001). · cites it 7× “The trial court then sustained the motion to arrest judgment under K.S.A. 22-3502 and set aside Downey’s convictions and gave the parties a new date for jury trial.”
Casner v. State, 155 P.3d 1202 (Kan. Ct. App. 2007). · cites it 7× “First, K.S.A. 22-3502 states: “The court on motion of a defendant shall arrest judgment if the complaint, information or indictment does not charge a crime or if the court was without jurisdiction of the crime charged.”
State v. Portillo, 274 P.3d 640 (Kan. 2012). · cites it 4× “Hall opined that “[t]he proper procedure for a defendant who contends either that the information does not charge a crime or that the court was without jurisdiction of the crime charged is to utilize the statutory remedy extended by the legislature for these two specific…”
State v. Hooker, 21 P.3d 964 (Kan. 2001). · cites it 2× “Arrest of Judgment Next, Hooker argues that the district court erred by denying his K.S.A. 22-3502 post-trial motion for arrest of judgment.”
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