State v. Black

Opinion

PEARCE, Judge:

T1 Seven months after a jury returned guilty verdicts against Michael S. Black and Alta Marie Black, the district court arrested judgment, dismissed the charges, and acquitted the defendants based upon newly available testimony presented at trial. 1 We conclude that the district court lacked the authority to acquit the defendants and that its order was in effect an arrest of judgment. We conclude that the district court erred in arresting judgment, because a district court may only consider the facts proved or admitted at trial to determine whether they constitute a…