22-341

22-341. Motion for new trial or arrest of
judgment

A. At any time before judgment, defendant may move for a new trial, or in arrest of
judgment.

B. A new trial may be granted in the following cases:

1. When the trial has been had in the absence of defendant, unless he voluntarily
absents himself with full knowledge that a trial is being had.

2. When the jury has received any evidence out of court.

3. When the jury has separated without leave of court, after having retired to
deliberate on the verdict, or when it has been guilty of any misconduct tending to
prevent a fair and due consideration of the action.

4. When the verdict has been decided by lot, or by any means other than a fair
expression of opinion on the part of all the jurors.

5. When there has been an error in the decision of the court on a question of law
arising during the trial.

6. When the verdict is contrary to law or evidence.

7. When new evidence is discovered material to defendant, and which he could not,
with reasonable diligence, have discovered and produced at the trial. When a motion for
a new trial is made upon the ground of discovery of new evidence, defendant shall produce
at the hearing affidavits of the witnesses by whom such newly discovered evidence is
expected to be given.

C. The motion in arrest of judgment may be founded on any substantial defect in the
complaint.

D. The effect of an arrest of judgment is to place defendant in the same situation
in which he was before the trial was had.