State v. Moore

In the case of State v. Barrett, 42 N. H. 466, 470, it is stated in broad terms that an indictment which is bad on demur rer must be held insufficient on motion in arrest of judgment. Although a motion of this kind can be based only on matters of record, “the motion is not confined to the indictment alone” but “obtains if any part of the record is imperfect, repugnant, or vicious.” 3 Wharton, Crim. Pro. (10th ed,.), s. 1692. Thus, judgment will be arrested if the indictment does not charge an offense or if it contains allegations which make it evident that the grand jury in finding the…