McClendon v. State

1. “All exceptions which go merely to the form of an indictment shall be made before trial; and no motion in arrest of judgment shall be. sustained for any matter not affecting the real merits of the offense charged in the indictment.” Code, § 27-1601.

2. A motion in arrest of judgment will only reach a defect apparent on the face of the record, not cured by verdict, to which a general demurrer could have been successfully interposed before arraignment. Spence v. State, 7 Ga. App. 825, 826 (68 S. E. 443).

Decided February 11, 1950. Rehearing denied March 24, 1950. ■7. D. Godfrey, Casey Thigpen,…