State v. Wheeler

Supreme Court of Iowa

State v. Wheeler

22 N.W. 898, 65 Iowa 619

CourtSupreme Court of Iowa

DecidedApril 7, 1885

StatusPublished

Cited by3 cases

This text of 22 N.W. 898 (State v. Wheeler) 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. Wheeler, 22 N.W. 898, 65 Iowa 619 (iowa 1885).

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Opinion

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, [620]*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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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, [620]*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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Bluebook (online)

22 N.W. 898, 65 Iowa 619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wheeler-iowa-1885.

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