Lawson v. State

The plaintiff in error in his motion for new trial complains that the verdict, “We, the jury, find the defendant guilty of assault and attempt, and give him one year,” “undertakes to find movant guilty of a crime not on the statute books of Georgia, that is ‘assault and attempt.’” In my opinion this question can be raised only by a motion in arrest of judgment or by a motion to set aside the judgment. It can not be raised by a motion for new trial. “A motion in arrest of judgment differs from a motion for a new trial in this: The former must be predicated on some defect which appears on the…