547.050. Court of its own motion may arrest judgment.
Court of its own motion may arrest judgment.
547.050. Judgment shall be arrested or set aside whenever itshall be made to appear to the court that the grand jury whichfound the indictment had no legal authority to inquire into theoffense charged; or that the facts stated do not constitute anyoffense under the laws of this state; and the effect of such anarrest of judgment shall be to place the defendant in the samesituation in which he was before indictment was found orinformation filed and the court may upon its view of any of thesedefects, arrest the judgment without motion.
(RSMo 1939 § 4127)Prior revisions: 1929 § 3737; 1919 § 4081; 1909 § 5287