North Dakota Code 29-25-06 – Judgment arrested – Further prosecution – Acquittal
If, from the evidence in a trial, there is reason to believe the defendant guilty, and a new information or indictment can be framed upon which the defendant may be convicted, the court may order the defendant to be recommitted to the officer of the proper county, or admitted to bail anew, to answer the new information or indictment. If the evidence shows the defendant guilty of another offense, the defendant must be committed or held thereon, and in neither case may the verdict be a bar to another prosecution. If no evidence appears sufficient to charge the defendant with any offense, the defendant, if in custody, must be discharged, or if admitted to bail, the defendant’s bail must be exonerated, or if money has been deposited instead of bail, it must be refunded, and the arrest of judgment operates as an acquittal of the defendant of the charge upon which the information or indictment was founded.
Terms Used In North Dakota Code 29-25-06
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Arrest: Taking physical custody of a person by lawful authority.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- county: includes an organized county, or an organized county and such unorganized counties or other territory or parts of this state as may be attached by law to such organized county for judicial purposes. See North Dakota Code 29-01-13
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- indictment: is a n accusation in writing presented by a grand jury to a competent court charging a person with a crime or public offense. See North Dakota Code 29-01-13
- information: is a n accusation in writing, in form and substance like an indictment for the same offense, charging a person with a crime or public offense, signed and verified by some person and presented to the district court and filed in the office of the clerk of said court. See North Dakota Code 29-01-13
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.