State v. Perry

LAKE, Justice.

There was no error in the denial of the motion in arrest of judgment. Such motion is to be distinguished from a motion to vacate or set aside an erroneous judgment in order that a proper judgment may be entered. A motion in arrest of judgment is proper when it is apparent that no judgment against the defendant could be lawfully entered because of some fatal error appearing in (1) the organization of the court, (2) the charge made against the defendant (the information, warrant or indictment), (3) the arraignment and plea, (4) the verdict, and (5) the judgment. 21 Am. Jur. 2d,…