Immediately upon the overruling of the motion for a new trail, an exception should be promptly taken. And thereupon a motion in arrest of judgment should be entered before sentence and judgment on the verdict. The office of the motion in arrest of judgment is to direct the attention of the court to any substantial defects in the indictment, or to any errors appearing elsewhere in the record proper.5 The record proper ordinarily embraces the original writ, the pleadings and the entry of verdict and judgment.6

1 State vs. Nagel, 136 Mo., 45; People vs. Eppinger, 114 Cal 350.

2 Hughes' Instructions, Sec. 356. 3 Hughes' Instructions, Sec. 356. 4 Cochlin vs. People, 93 Ill., 410.

5 Hughes' Cr. Law, Sec. 3309; State vs. Koerner, 51 Mo., 174;

State vs. Phares, 24 W. Va., 657. 6 Hughes' Cr. Law, Sec. 3396.