State v. Swearengen
Supreme Court of Iowa
Appeal from Montgomery District Oourt. Indictment for larceny. A demurrer thereto was filed by the defendant which, coming on to be heard, was overruled, to which ruling he excepted and appeals. A motion is made in this court to dismiss the appeal for the reason that it does not lie from such decision or judgment.
1Opinion of the Court
Seevers, Ch. J.
The The Code provides, section 4520, that the mode of reviewing in the Supreme Court any judgment, action or decision of the District Court in a criminal case is by appeal.
“ Sec. 4522. No appeal can be taken until after judgment, and then only within one year thereafter.”
The question is whether the word judgment in the last section means final judgment, or any intermediate decision or judgment.
The sections above quoted have been in force since 1860, and it is somewhat remarkable if the word judgment, as used in section 4522, does not mean final judgment, that no appeal has been…
2Cited by7 opinions
- Mosebach v. BlytheCourt of Appeals of Iowa · 1979
- Smart v. Aroostook Lumber Co.Supreme Judicial Court of Maine · 1907
- State v. DavisSupreme Court of Iowa · 1878
- State v. DohrnSupreme Court of Iowa · 1977
- State v. EvansSupreme Court of Iowa · 1900
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