But of course, the matters and things which constitute the record proper need not be embraced in the bill of exceptions.5 The indictment, for instance, being a part of the record proper, is not required to be embodied in the bill of exceptions, nor is there any necessity of excepting to the ruling of the court in overruling the motion to quash the indictment.6 So, also, a motion in arrest of judgment saves itself without the necessity of a bill of exceptions, relating, as it does, to the record proper.7

4 Hughes' Cr. Law, Sec. 2847;

Gill vs. People, 42 Ill., 323;

People vs. Guidici, 100 N. Y., 503; Bergdahl vs. People(Colo.)

61 Pac, 228. 5 Hughes' Cr. Law, Secs. 3396, 5 2848; 2 Thomp. Trials, Secs. , 2771, 2773; Barker vs. People, 105 Ill., 454. 6 Barker vs. People, 105 Ill., 454. Nichols vs. People, 40 Ill., 396;

Harris vs. State, 155 Ind., 265.