Kelley v. State Indiana

A jury by its verdict found appellant guilty of murder in the first degree while in the perpetration of a robbery as charged in the first count of an indictment, and fixed the punishment at imprisonment for life. This count was not tested by a motion to quash under § 9-1129, Burns 1942 Replacement, but before sentence appellant filed a motion in arrest of judgment, under § 9-2001, Burns 1942 Replacement, which was overruled by the trial court, and this ruling is assigned as error here.