Supreme Court of Iowa, 1899

State v. Doty

State v. Doty
Supreme Court of Iowa · Decided October 21, 1899 · Ladd
109 Iowa 453; 80 N.W. 505

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. '

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