People v. Heath

The District Attorney prosecutes this writ of error to review a decision of the trial court sustaining defendant’s motion in arrest of judgment. The trial court thereafter set aside the verdict and granted a new trial. Authority for a review of the motion in arrest is found in section 1997 Revised Statutes 1908. The record does not show that defendant was ever arraigned by the district court or that he ever plead or was required to plead to the information. In Ray v. People, 6 Colo. 231, decided in 1882, this Court held, in a writ of error to a judgment on a verdict of guilty, that where…