State v. Ivey

While the record on this appeal presents serious questions arising in the course of the trial in the Superior Court, a fatal •defect as to the first count appears upon the face of the record proper. No crime is there charged against defendant. Hence in that respect the •court has not acquired jurisdiction of defendant, and, in such case the judgment must be arrested. And even though there be no motion for the arrest of judgment, this Court will act ex mero motu, that is, of its own motion, where lack of jurisdiction is apparent on the face of the record. This was the procedure followed in S.…