State v. Wheeler

22 N.W. 898, 65 Iowa 619

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, no 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.