1 Wyo. 168 | Wyo. | 1874
By the Court,
This is a bill of exceptions presented by thé prosecuting attorney of Laramie county, and filed by permission of this court, under sections 146/147, 148 and 149 of the code of criminal procedure.
The question, therefore, presented to this court for decision is, whether the district court erred in arresting the judgment which reduces itself under the motion to the proposition whether the cause did exist for an arrest of judgment as is alleged in said motion. The law, as held by the courts of England and adopted by the courts of this country in the absence of statutory provision, is, that a cause for which a motion for arrest of judgment may be grounded, must be an objection which arises upon the face of the record itself, and which makes the proceedings apparently erroneous, and no defect of evidence can be urged for arrest of judgment: 1 Archibald’s Crim. Prac. 671; 1 Bishop’s Crim. Proc., sec. 850; Wliart. Crim. Law. sec. 3043, and cases cited therein. The foregoing has also been
The indictment in this case charges that the defendant committed the crime of manslaughter within the county of Laramie. The grand jury that found the indictment was impaneled in the district court, sitting in and for said county, to inquire into all offenses alleged to have been committed in said county. The jurisdiction of the said court is extensive with the boundaries of the said Laramie county, and there can be no doubt that it had jurisdiction of the offense as charged in the indictment. If the evidence did not maintain the charge in the indictment and justify the verdict of the jury, and the court overruled a motion for a new trial on this ground, it should have been assigned as error by the defendant. No defect in the evidence can be urged as a ground for an arrest of judgment. Any matter for which a new trial may be granted is waived by neglecting to move for a new trial for that reason: 12 Indiana, 675; 14 Id. 540; and 15 Id. 274.
Por the foregoing reasons the decision of this court is; that the district court should not have sustained the motion for arrest of judgment on the verdict.