Grounds for Arrest of Judgment; Time Limit

8 GCA § 115.10 — under Arrest of Judgment.

8 GCA § 115.10

(a) The court on motion of a defendant shall arrest judgment if the indictment, information or complaint does not charge an offense or if the court was without jurisdiction of the offense charged. (b) The motion in arrest of judgment shall be made and determined before judgment is pronounced and within seven (7) days, after verdict or finding of guilty, or after plea of guilty or nolo contendere, or within such further time as the court may fix during the seven-day period. When determined the order shall be immediately entered by the clerk in the minutes. NOTE: Section 115.10 is substantively the same as former Rule 34. Compare former §§ 1185-1186. See also former § 1201(2); Fed. R. Crim. P. 34; Cal. Pen. Code §§ 1185-1186. See generally 8A Moore, Federal Practice &&34.01-34.02 (1974); B. Witkin, California Criminal Procedure Judgment and Attack in Trial Court §§ 600-604 (1963, Supp. 1973).