Legal Opinion

State v. Haworth

Supreme Court of Iowa

Decided December 18, 1891PublishedCited by 1 opinion

Appeal from Polk District Court. — Hon. Marcus Kavanagh, Jr., Judge. Indictment for robbery. A verdict of guilty, and the defendant appealed.

1Opinion of the CourtGranger, J.

We are without jurisdiction to determine the question presented in the ease. The defendant was, hy an order of this court, permitted to present his abstract of record in type-writing. An abstract is on file, but it nowhere shows that a judgment has been entered in the case, and no appeal can be taken in a criminal case until after a judgment has been rendered. Code, section 4522. The fact is jurisdictional, and must affirmatively appear. State v. Wheeler, 65 Iowa, 619. See, also, State v. Briggs, 73 Iowa, 456. The appeal is dismissed.

2Cases cited2 opinions

  1. State v. WheelerSupreme Court of Iowa · 1885
  2. State v. BriggsSupreme Court of Iowa · 1887

3Cited by1 opinion

  1. State v. DotySupreme Court of Iowa · 1899