State v. Doty

Supreme Court of Iowa
State v. Doty, 109 Iowa 453 (Iowa 1899)
80 N.W. 505
Ladd

State v. Doty

Opinion of the Court

Ladd, J.

Indictment for libel, to which the defendant interposed a demurrer. This was overruled, and the'appeal is from that ruling. It does not appear judgment has ever been entered. In a criminal action, β€œan appeal can only betaken from final judgment.” Code, section 5448. An order overruling a demurrer is not such. State v. Swearengen, 43 Iowa, 336. To confer jurisdiction, the abstract mustf affirmatively show that final judgment has been entered,. *454State v. Wheeler, 65 Iowa, 619; State v. Haworth, 85 Iowa, 712; State v. Briggs, 73 Iowa, 456. It follows that this .appeal must be dismissed. '

Reference

Full Case Name
State of Iowa v. Elias Doty
Cited By
1 case
Status
Published