Supreme Court

Decision Information

Decision Content

CRIMINAL LAW-GROUND OF ARREST OF JUDGMEN T.-A judgment in a criminal case will be arrested only on the ground that the facts alleged in the indictment did not constitute a public offense within the jurisdiction of the court. , Appeal from Sebastian Circuit Co ' art, Fort Smith District; J. Sam Wood, Judge; affirmed. Harney McGehee, for appellant. Hal L. Norwood, Attorney General, for appellee. PER CURIAM Tom Hicks prosecutes this appeal to reverse a judgment of conviction for the crime of uttering a forged instrument. There is no bill of exceptions, and the sole reliance for a reversal of the judgment is that the court erred in overruling the defendant's motion in arrest of judgment. Under our statute, a judgment can only be arrested on the ground that the facts alleged in the indictment did not constitute a public offense within the jurisdiction of the court. Dover v. State, 165 Ark. 496, 265 S. W. 76; and Lewis v. State, 169 Ark. 340, 275 S. W. 663. The indictment contains the essential elements of the crime charged as defined in Ferrel v. State, 165 Ark. 541, 265 S. W. 62. There is no error upon the face of the record, and the judgment will be affirnied.
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.