Legal Definitions - motion in arrest of judgment

Definition: A motion made by a defendant in a criminal case claiming that there is a significant error on the record that invalidates the entire proceeding and the judgment. It can also be a post-judgment motion in a criminal case claiming that the indictment is insufficient to support a conviction.

Example 1: A defendant is convicted of a crime, but during the trial, the judge allowed evidence that was obtained illegally. The defendant can file a motion in arrest of judgment, arguing that the evidence should not have been allowed and that the entire proceeding was tainted.

Example 2: A defendant is convicted of a crime based on an indictment that does not provide enough information to support the charges. The defendant can file a motion in arrest of judgment, arguing that the indictment was insufficient and that the conviction should be overturned.

These examples illustrate how a motion in arrest of judgment can be used to challenge the validity of a criminal conviction. If there is a significant error in the record or the indictment is insufficient, the defendant may be able to have the conviction overturned.