State v. Wheeler
Supreme Court of Iowa
Appeal from, Union District Gowrt. The indictment charges that the defendant obtained money by false pretenses. There was a verdict of guilty, and a motion in arrest of judgment and for a new trial, which was overruled. The defendant appeals.
1Opinion of the CourtSeevers, J.
The abstract fails to state that any judgment was rendered. No appeal can be taken in a criminal case until after judgment. Code, § 4522. Eor aught we know, *620no judgment has been rendered in the district court. Error must affirmatively appear. If no judgment has been rendered, this court has no jurisdiction. We cannot say that there was a judgment rendered by the district court, in the absence of any evidence so showing. The appeal must be dismissed. We deem it proper to say that, on the merits, a majority of the court think there is no error in the record.
Dismissed.
2Cited by3 opinions
- State v. DotySupreme Court of Iowa · 1899
- State v. HaworthSupreme Court of Iowa · 1891
- State v. YoungSupreme Court of Iowa · 1910