 | Arkansas. Supreme Court - 1876 - 738 strani
...loose attempt at a code indictment Barton vs. The State. The code provides that, " The only ground upon which a judgment shall be arrested is, that the facts...public offense within the jurisdiction of the court ; and the court may arrest the judgment without motion on observing such defect" Gantt's Dig., sec.... | |
 | Arkansas. Supreme Court - 1872 - 752 strani
...err in refusing to arrest the judgment? The 272d section of the Code declares: "The only grounds upon which a judgment shall be arrested is, that the facts stated, in the indict, 1871.1 Curtis «.. The State. ment donot constitute a public offense within the jurisdiction."... | |
 | Iowa. Supreme Court - 1861 - 694 strani
...is well assigned. It relates to the overruling of the motion in arrest of judgment, for the reason that the facts stated in the indictment do not constitute a public offence. That part of the above section under which the indictment was framed reads as follows : "Or... | |
 | Nevada. Supreme Court - 1874 - 468 strani
...inflict a bodily injury, no considerable provocation appearing. The motion was rested upon the ground that the facts stated in the indictment do not constitute a public offense. The district court denied the motion. Defendant appeals from the judgment. • The failure to state... | |
 | Nevada. Supreme Court - 1874 - 470 strani
...inflict a bodily injury, no considerable provocation appearing. The motion was rested upon the ground that the facts stated in the indictment do not constitute a public offense. The district court denied the motion. Defendant appeals from the judgment. The failure to state the... | |
 | Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - 1875 - 786 strani
...19. Addlson C. Gibbs, for plaintiff. Cyrus Dolph, for defendant. DE.YDY, J. The ground of the motion is, that the facts stated in the indictment do not constitute a crime against the laws of the United States. Section 51 of the act of June 7, 1872 (17 Stat. 275),... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1875 - 678 strani
...costs of the appellant. "WoRDEN, J. — In this case it is assigned for error, amongst other things, that " the facts stated in the indictment do not constitute a public offence or crime of any kind." I am of opinion, that the facts stated do constitute a criminal offence,... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1876 - 480 strani
...hundred dollars. He appeals from the judgment of the Circuit Court. The only ground of error assigned is that the facts stated in the indictment do not constitute a crime. The charging part gf the indictment is as follows: "Said Perham, in the county aforesaid, on... | |
 | Nevada. Supreme Court - 1878 - 524 strani
...feloniously killed William McEavy, a human being, with malice aforethought, deliberately and premeditatedly. The facts stated in the indictment do not constitute a public offense, because it is not charged the killing was done with felonious intent, and it is not stated that William... | |
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The only ground upon which a judgment shall be arrested is that the facts stated in the indictment do not constitute a public offense within the jurisdiction of the court. 
