Supreme Court of Iowa, 1885

State v. Wheeler

State v. Wheeler
Supreme Court of Iowa · Decided April 7, 1885 · Seevers
65 Iowa 619; 22 N.W. 898

State v. Wheeler

Opinion of the Court

Seevers, 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.

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