Colorado

Criminal Procedure

Rule 34 – Arrest of Judgment

The court shall arrest judgment if the indictment or information, complaint, or summons and complaint does not charge an offense, or if the court was without jurisdiction of the offense charged. The motion in arrest of judgment shall be made within 14 days after verdict or finding of guilt or within such further time as the court may fix during the 14-day period. A motion in arrest of judgment may be set forth alternatively as a part of a motion for a new trial.

Colo. R. Crim. P. 34

Source: Entire rule amended and adopted December 14, 2011, effective July 1, 2012.

Annotation Sufficiency of information may be raised after trial by motion. The sufficiency of an information is a matter of jurisdiction, which may be raised after trial by a motion in arrest of judgment. People v. Garner, 187 Colo. 294, 530 P.2d 496 (1975). Denial of motion held correct. People v. Ingersoll, 181 Colo. 1, 506 P.2d 364 (1973).