State v. Ihan

Appellant, convicted by a jury of the crime of unlawfully manufacturing intoxicating liquor, appeals from the judgment and sentence entered upon the verdict. During the trial, motions challenging the sufficiency of the evidence, and a request to direct the jury to bring in a verdict of not guilty, were denied. In denying the motion of appellant for a new trial, the court used the following language:

“If I sustain this motion for a new trial, the state on appeal to the supreme court will be unable to *280obtain a ruling of that court on tbe correctness or error of my ruling denying the defendant’s…