State v. Swan

Defendant was convicted on the charge of being a vagrant under Sec. 4789, R. S. 1909, and prosecutes the appeal from that judgment. The case was lodged in the Supreme Court on the theory that a constitutional question was involved. Upon examining the record, the Supreme Court found that the constitutional question was sought to be raised only by a motion in arrest of judgment and that this motion was not before it for consideration for two distinct reasons; the first of which was that no exception was preserved to the overruling of the motion *17in arrest of judgment, and, second, that the bill…