Kempa v. State

An indictment in two counts was returned against appellant in Vermillion County, the first charging murder in the second degree, and the second charging manslaughter. Upon a plea of not guilty, there was a trial by jury and verdict returned finding the appellant guilty of murder in the second degree, and fixing the penalty at life imprisonment.

Appellant assigns as error the overruling of his motion in arrest of judgment and overruling of his motion for a new trial.

Appellant’s grounds for arrest of judgment are, first, that each count of the indictment fails to state a public offense, and,…