SECTIONS 1185-1188 - California Statutes

PENAL CODE

SECTION 1185-1188

1185. A motion in arrest of judgment is an application on the part
of the defendant that no judgment be rendered on a plea, finding, or
verdict of guilty, or on a finding or verdict against the defendant,
on a plea of a former conviction, former acquittal or once in
jeopardy. It may be founded on any of the defects in the accusatory
pleading mentioned in Section 1004, unless the objection has been
waived by a failure to demur, and must be made and determined before
the judgment is pronounced. When determined, the order must be
immediately entered in the minutes.

1186. The court may, on its own motion, at any time before judgment
is pronounced, arrest the judgment for any of the defects in the
accusatory pleading upon which a motion in arrest of judgment may be
founded as provided in Section 1185, by order for that purpose
entered upon its minutes.

1187. The effect of an order arresting judgment, in a felony case,
is to place the defendant in the same situation in which the
defendant was immediately before the indictment was found or
information filed. In a misdemeanor or infraction case, the effect is
to place the defendant in the situation in which the defendant was
before the trial was had.

1188. If, from the evidence on the trial, there is reason to
believe the defendant guilty, and a new indictment or information can
be framed upon which he may be convicted, the court may order him to
be recommitted to the officer of the proper county, or admitted to
bail anew, to answer the new indictment or information. If the
evidence shows him guilty of another offense, he must be committed or
held thereon, and in neither case shall the verdict be a bar to
another prosecution. But if no evidence appears sufficient to charge
him with any offense, he must, if in custody, be discharged; or if
admitted to bail, his bail is exonerated; or if money has been
deposited instead of bail, it must be refunded to the defendant or to
the person or persons found by the court to have deposited said
money on behalf of said defendant; and the arrest of judgment shall
operate as an acquittal of the charge upon which the indictment or
information was founded.