State v. Hocker

UHLENHOPP, Justice.

A jury found defendant not guilty of hunting at night by artificial light. The State sought to appeal to obtain a decision on a question of law. See Code, 1966, secs. 793.1, 793.20.

An appeal of a criminal prosecution can only be taken from “the final judgment”. Sec. 793.2. The statute applies to appeals by the State as well as by defendants. State v. Addison, 250 Iowa 712, 95 N.W.2d 744. When a jury finds a defendant not guilty, “the court must render judgment of acquittal immediately.” Sec. 789.1.

The trial court did not render a separate written entry acquitting defendant.…