text:  It should here be particularly observed that it has been from time immemorial the invariable course in criminal cases as soon as the verdict has been delivered however special its form for the proper officer to write on the indictment in the presence of the court and jury the word "_Guilty_ " or "_Not Guilty_ " as the case may be of the whole or that portion of the indictment on which the jury may have thought fit to find their verdict; and then the judge usually proceeds at once to pass judgment unless he is interrupted by the prisoner's counsel rising to move "_in arrest_ " or stay of judgment in consequence of some supposed substantial defect in the indictment