§ 22-971. Defendant may show cause against judgment - Grounds - Proceedings.  


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  • The defendant may show for cause against the judgment:

    1.  That the defendant is insane; and if, in the opinion of the court, there is reasonable ground for believing the defendant to be insane, the question of the defendant's insanity must be tried as hereinafter in this chapter.  If upon the trial of that question the jury finds that the defendant is sane, judgment must be pronounced.  If the jury finds the defendant insane, the defendant may be committed to one of the state institutions or hospitals for the mentally ill, until the defendant becomes sane, or be otherwise committed according to law.  When notice is given of that fact, as hereinafter provided, the defendant must be brought before the court for judgment.

    2.  That the defendant has good cause to offer, either in arrest of judgment, or for a new trial, in which case the court may order the judgment to be deferred, and proceed to decide upon the motion in arrest of judgment, or for a new trial.

R.L. 1910, § 5932.  Amended by Laws 1998, c. 246, § 15, eff. Nov. 1, 1998.