2 Years Transportation Progress Volume 71 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ...was certainly not entitled to be discharged on an arrest of judgment, unless it appears that there was not sufficient evidence to convict him of any crime. Code Cr. Proc. 470. But the question that the offense of which the accused has been convicted is barred by the statute of limitations is not presented on a motion in arrest of judgment. By section 4G7 of the Code of Criminal Procedure it is provided that that motion may be founded on any of the defects in the indictment mentioned in section 331. Section 331 relates to but two defects: (1) Want of jurisdiction in the court over the subject of the indictment; and (2) that the facts stated do not constitute a crime. And these objections, it is provided, may be taken at the trial, under the plea of not guilty, and in arrest of judgment. In People v. Buddensieek, 103 N. Y. 487, 9 TsT. E. 44, 57 Am. Rep. 766, it was held that these two objections only are available upon a motion in arrest of judgment. If, however, on such motion all the grounds of demurrer mentioned in section 323 of the Code of Criminal Procedure are to be deemed included, the result will be the same. Clearly, the indictment in this case is not demurrable. It charges a crime committed within the jurisdiction, and one which is never barred by time. The judgment should be affirmed. All concur. JENKR. J. I concur in that part of the opinion of Mr. Justice HIKSCIIBERG which holds that the question presented was not properly raised in the trial court. On the main question discussed, but not decided, I entertain the view that, had the question been raised, the conviction must be reversed. The defendant stands convicted on manslaughter in the second degree. The statute prohibits an indictment for that felony, inasmuch as...