Thompson v. State

1. Where an indictment is absolutely void in that it fails to charge the accused with any act made a crime by the law; and where upon the trial no demurrer to the indictment is interposed, and the accused is convicted of the alleged offense charged in the indictment and judgment is entered up on the verdict, the “defendant’s proper remedy is a motion in arrest of judgment.” Gibson v. State, 79 Ga. 344 (2), 346 (5 S. E. 76).

2. ’“Defects in an indictment afford no ground for a new trial. Exceptions which go merely to the form should be made before trial. For matters affecting the real merits,…