GA 17-9-61 - GA 17-9-61

JUDICIAL DECISIONS What constitutes "the face of the record or pleadings." - When it is sought to arrest a judgment imposing a sentence in a criminal case, "the face of the record or pleadings" have been held to be the indictment, plea, verdict, and judgment. Hall v. State, 202 Ga. 42 , 42 S.E.2d 130 (1947). Challenge to the sufficiency of the substance of an indictment can be made after trial by means of a motion in arrest of judgment. Bowman v. State, 227 Ga. App. 598 , 490 S.E.2d 163 (1997). Challenge to enhanced sentence based on allegedly defective indictment. - Defendant could not challenge a sentence for family violence battery on appeal, claiming that the sentence was erroneously enhanced from a misdemeanor to a felony under O.C.G.A. § 16-5-23.1(f)(2) based on a previous conviction...