State v. Gates

This appeal is prosecuted from a judgment sentencing the appellant to imprisonment at hard labor.

Among other matters of error, it is assigned as ground for the reversal of the judgment, that it does not appear of record that the jury on whose verdict the judgment was rendered were sworn.

It is doubtless true as contended by the Attorney General, that whatever is alleged in arrest of judgment, must be such matter as would have been sufficient on demurrer. This is the general rule; but it necessarily has relation 'alone to such matters of law as are apparent on the record of the indictment, and…