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56 Ind. 209

Buckner v. State

Indiana Supreme Court

Decided May 15, 1877

Indiana Supreme Court · decided 1877-05-15

<p>Criminal Law.—Trial.—Arrest of Judgment.—"Where the record in a criminal prosecution shows no charge against the defendant, judgment upon a finding therein against him should be arrested.</p>

Decided 1877-05-15

Perkins, C. J.

¶1Indictment against appellant. Trial and conviction.

¶2There is no indictment, or copy thereof, in the record. A motion in arrest of judgment was overruled, and exception taken. The motion should have been sustained.

¶3The judgment is reversed, and cause remanded, with instructions to sustain the motion in arrest of judgment.

¶4Petition for a rehearing overruled.

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