State v. Sellers

Defendant did not make a motion in the trial court for arrest of judgment on the ground the indictment was defec tive. For the first time in this Court he moved “for arrest of judgment on the ground that the identity of the building alleged to have been broken and entered into by the defendant is not alleged with reasonable particularity to enable the defendant to plead his plea of ‘nolo contendere’ as a bar to further prosecution for the same offense.” A motion in arrest of judgment predicated upon some fatal error or defect appearing on the face of the record proper may be made at any time…