Kelley v. State

A jury by its verdict found appellant guilty of murder in the first degree while in the perpetration of a robbery as charged in the first count of an indictment, and fixed the punishment at imprisonment for life. This count was not tested by a motion to quash under §9-1129, Burns’ 1942 Replacement, but before sentence appellant filed a motion in arrest of judgment, under §9-2001, Burns’ 1942 Replacement, which was overruled by the “trial court, and this, ruling is assigned as error here.

The averments of the first count questioned here are as follows:

“The Grand Jurors ... on their oath present…