Gravitt v. State

1. “When a judgment has been rendered, either party may move in arrest thereof, or to set it aside for any defect not amendable which appears on the face of the record or pleadings.” Civil Code (1910), § 5957. “A motion in arrest of judgment . . differs from a motion to set aside a judgment, in this: The motion in arrest of judgment must be made during the term at which such judgment was obtained, while a motion to set it aside may be made at any time within the statute of limitations.” Civil Code (1910), § 5958.

2. In Davis v. State, 40 Ga. 229, it was stated: “Defendants were indicted for…