TOWNSEND, J.
(After stating the foregoing facts.) It is the contention of the State that the defendant, having in his first bill of exceptions recited that he waived formal arraignment and pleaded not guilty, would now be estopped from complaining that the signature of his attorney did not appear on the waiver and plea, and from contending that he did not in fact waive arraignment. A motion to set aside a judgment must be based upon a defect not amendable which appears...
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