22-3503. Arrest of judgment without motion. Whenever the court becomes aware of the existence of grounds which would require that a motion for arrest of judgment be sustained, if filed, the court may arrest the judgment without motion.
History: L. 1970, ch. 129, ยง 22-3503; July 1.
Source or Prior Law:
62-1606.
Law Review and Bar Journal References:
Criminal Procedure Edition, 47 K.L.R. 937 (1999).
"Criminal Procedure Survey of Cases," 48 K.L.R. 895 (2000).
"Criminal Procedure Survey of Recent Cases," 49 K.L.R. 937 (2001).
"Criminal Procedure Survey of Recent Cases, Kansas Issue," 52 K.L.R. 771 (2004).
CASE ANNOTATIONS
1. Questions on information or crime charged should be raised by defendant or court without motion as provided by statute. State v. Hall, 246 Kan. 728, 730, 755, 793 P.2d 737 (1990).
2. Court's motion for arrest of judgment must be made within 10 days. State v. Sims, 254 Kan. 1, 10, 862 P.2d 359 (1993).
3. Section discussed regarding appeals by prosecution. Casner v. State, 37 Kan. App. 2d 667, 670, 671, 672, 673, 155 P.3d 1202 (2007).
4. Information omitted the defendant's age which was an essential element of the off-grid version of rape; sentence vacated and remanded for re-sentencing. State v. Portillo, 294 Kan. 242, 274 P.3d 640 (2012).
5. Section does not provide a procedural mechanism for a criminal defendant to challenge the adequacy of a charging document after a direct appeal has been decided. State v. Sellers, 301 Kan. 540, 545, 344 P.3d 950 (2015).
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