State v. Hocker

Supreme Court of Iowa

State v. Hocker

178 N.W.2d 317, 1970 Iowa Sup. LEXIS 845

CourtSupreme Court of Iowa

DecidedJune 23, 1970

Docket53775

StatusPublished

Cited by3 cases

This text of 178 N.W.2d 317 (State v. Hocker) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Hocker, 178 N.W.2d 317, 1970 Iowa Sup. LEXIS 845 (iowa 1970).

Pincite

Opinion

UHLENHOPP, Justice.

A jury found defendant not guilty of hunting at night by artificial light. The State sought to appeal to obtain a decision on a question of law. See Code, 1966, secs. 793.1, 793.20.

An appeal of a criminal prosecution can only be taken from “the final judgment”. Sec. 793.2. The statute applies to appeals by the State as well as by defendants. State v. Addison, 250 Iowa 712, 95 N.W.2d 744. When a jury finds a defendant not guilty, “the court must render judgment of acquittal immediately.” Sec. 789.1.

The trial court did not render a separate written entry acquitting defendant. The last calendar entry recites, “Instructions given and jury retired at 3:15 and returned at 3:25 with a verdict of not guilty”, but no judgment of the court acquitting defendant was added. See Nevitt v. Wilson, 116 Tex. 29, 30, 36, 285 S.W. 1079, 1080, 1083 (docket notation “Jury verdict on special issues for plaintiff” not a judgment, but “a mere memorandum by the court that the verdict of the jury had been received”).

There is no judgment here and we have no jurisdiction.

Appeal dismissed.

All Justices concur.

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UHLENHOPP, Justice.

A jury found defendant not guilty of hunting at night by artificial light. The State sought to appeal to obtain a decision on a question of law. See Code, 1966, secs. 793.1, 793.20.

An appeal of a criminal prosecution can only be taken from “the final judgment”. Sec. 793.2. The statute applies to appeals by the State as well as by defendants. State v. Addison, 250 Iowa 712, 95 N.W.2d 744. When a jury finds a defendant not guilty, “the court must render judgment of acquittal immediately.” Sec. 789.1.

The trial court did not render a separate written entry acquitting defendant. The last calendar entry recites, “Instructions given and jury retired at 3:15 and returned at 3:25 with a verdict of not guilty”, but no judgment of the court acquitting defendant was added. See Nevitt v. Wilson, 116 Tex. 29, 30, 36, 285 S.W. 1079, 1080, 1083 (docket notation “Jury verdict on special issues for plaintiff” not a judgment, but “a mere memorandum by the court that the verdict of the jury had been received”).

There is no judgment here and we have no jurisdiction.

Appeal dismissed.

All Justices concur.

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Bluebook (online)

178 N.W.2d 317, 1970 Iowa Sup. LEXIS 845, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hocker-iowa-1970.

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