Waller v. State

Nichols, Presiding Judge.

1. Where a verdict in a criminal case finds the accused guilty of a crime not made in the indictment a motion in arrest of judgment will lie. Spence v. State, 7 Ga. App. 825, 826 (68 SE 443).

2. Only the indictment, plea, verdict and judgment may be considered on a motion to arrest a judgment. Pippin v. State, 172 Ga. 224 (1) (157 SE 185).

3. “Under an indictment for murder the accused may be convicted of a lower grade of felony, or even a misdemeanor, if the lesser offense is one involved in the homicide and is sufficiently charged in the indictment.” Watson v. State,…