The cause assigned by the defendant for the arrest of judgment is groundless, and would be so if it appeared upon the face of the record. But a judgment can only be arrested for matter appearing, or the omission of matter which ought to appear in the record. .

The record does show that Lackey was foreman of the grand jury; and it appears from the transcript that Lackey’s name was endorsed on the bill as a witness, sworn and sent to the grand jury, but the endorsements on the bill of indictment form no part of the bill, and consequently no part 'of the record.

*712 If an indictment be found without legal evidence, it may be quashed, or the matter may be pleaded in abatement, but not in arrest of judgment. State v. Roberts, 2 Dev. & Bat., 540.

There is m> error. Let this be certified to the superior court of Burke county, that the case may bo proceeded with according to law.

Xo error. Affirmed.