Dupree v. State

The defendant was convicted of using, in the presence of a female, without provocation, vulgar and obscene language. He filed a motion in arrest of judgment which was overruled and he excepted.

In considering a motion in arrest of judgment the evidence developed at the trial can not be reviewed. Sessions v. State, 3 Ga. App. 13 (1-a) (59 S. E. 196). Therefore we must look to the indictment to determine whether or not the alleged defect was such a one as to render void any verdict and judgment issued thereon. The indictment in substance charged that the defendant “did without provocation, use…