56 Ind. 208 | Ind. | 1877
The record in this case shows the following entry, viz.:
“ State of Indiana v. Thomas J. Buckner. Selling without license. Indictment burned.”
There is no indictment or charge of any kind against the defendant in the record. The defendant was tried, convicted, and fined in the sum of twenty-five dollars. He moved in arrest of judgment, but his motion was overruled, and he excepted. There is no charge in the
If the defendant was tried upon a certified copy of the indictment, that copy constituted a part of the record, and should have been contained in the transcript. We must presume that the transcript is complete and perfect.
The j udgment below is reversed, and the cause remanded, with instructions to the court below to sustain the motion in arrest of judgment.
Petition for a rehearing overruled.