Rule 22.6. Effect of Granting

(a) Defendant Restored. If judgment is arrested, the defendant is restored to the position that he or she had before the indictment or information was presented.

(b) Defendant Discharged or Remanded. If the judgment is arrested, the defendant will be discharged. But the trial court may remand the defendant to custody or fix bail if the court determines, from the evidence adduced at trial, that the defendant may be convicted on a proper indictment or information, or on a proper verdict in relation to the indictment or information.

Committee Notes

Comment to 1997 change: Former Rules 33, 34, and 35 are merged without substantive change. Rule 23. Nunc Pro Tunc Proceedings in Criminal Cases