(1)  .  .  .  .  .  .  .  .  

(2)  When a person is convicted of a crime, whether on plea of guilty or otherwise, he or she may at any time before sentence move that judgment be arrested on the ground that the indictment does not disclose any crime, or that any other substantial defect appears upon the face of the record.

(3)  Upon the hearing of the motion the judge may allow any amendment of the indictment which he might have allowed before verdict.

(4)  The judge may either hear and determine the motion forthwith or may state a case for the consideration of the Court of Criminal Appeal as hereinafter provided.

(5)  If judgment is arrested the accused person shall be acquitted, but may be again indicted upon the same charge.