text:  Is the defendant to suffer the same punishment as if he had been properly found guilty of the malignant libel?" The reason why the rule in civil actions does not apply to _motions in arrest of judgment_ in criminal cases is plainly this:--because the court _having the sentence in its own hands_ will give judgment 'on the part which is indictable'--and the failure of part of the charge will go only to lessening the punishment