State v. Moore
This text of 42 N.W. 367 (State v. Moore) 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.
Opinion
The attorney general claims that it is not made to appear by bill of exceptions or otherwise from the record that the evidence taken on the trial is embodied in the appellant’s abstract. This claim being made, it devolves upon appellant to show by a transcript containing a bill of exceptions all the evidence introduced on the trial, or that his abstract on file embodies all the evidence. Without such a showing, we cannot determine whether the verdict is contrary to the evidence or not, nor whether the court erred in giving instructions. The instructions given, taken together, state the law correctly, and, in the absence of a showing to the contrary, we presume they were based upon the testimony. The judgment of the district court is
Affirmed.
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Cite This Page — Counsel Stack
42 N.W. 367, 77 Iowa 449, 1889 Iowa Sup. LEXIS 215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-moore-iowa-1889.