Indictment, Sufficiency of — Motion in Arrest. — The failure of an indictment to allege that it was presented in court, is a defect of form, and not of substance, and can not be availed of on motion in arrest of judgment.
DAVIDSON, JUDGE.
Appellant was convicted of carrying a pistol, and prosecutes this appeal.
Motion in arrest of judgment was made upon the ground that the indictment failed to allege that it was presented in court. This defect is one of form only, and does not afford a ground for arresting the judgment. Niland v. The State, 19 Texas Cr. App., 166; Willson's Crim. Stats., sec. 1951. This is the only question presented for our consideration. The judgment is affirmed.
Affirmed.
Judges all present and concurring.