People v. Stapleton

The defendant, W. S. Stapleton, was tried, convicted, and sentenced at the November term of the district court in Ada county on an indictment for burglary. When called upon to plead, he entered the plea of not guilty, and made no objection to the form or substance of the indictment, by demurrer or otherwise. Upon the rendition of the verdict, the defendant moved an arrest of judgment — 1. On the ground that the indictment does, not substantially conform to section 834 of the Criminal Practice Act, in that it does not give the legal appellation of the offense attempted to be charged, and is…