Younger v. State, 37 Ark. 116 (1881)

May 1881 · Arkansas Supreme Court
37 Ark. 116

Younger et al v. The State.

1. Practicb in Circuit Court : Judgment on bad indictment.

No judgment should be rendered against a defendant found guilty-on a had indictment, though no motion in arrest he made.

*117APPEAL from Franklin Circuit Court.

Hon. W, D. Jacoway, Circuit Judge.

W. W. Mansfield, for appellant:

Cited: Johnson v. State, 36 Ark. 242 ; Keith v. State, <mte 96.

English, C. J.

The indictment in this case is like that in State v. Keith, ante 96, and in Johnsons. State, 36 Ark. 242.

No motion in arrest of judgment was filed, but the indictment being bad in substance, no judgment should have been •rendered thereon against appellants.

Eevei-sed and remanded, with instructions to the Court below to arrest the judgment.