State v. Bahue

• Decision Date: 08 February 1890
• Citation: 79 Iowa 472,44 N.W. 711
• Parties: STATE v. BAHUE. STATE v. MCATEE.
• Court: Iowa Supreme Court

79 Iowa 472

44 N.W. 711

STATE

v.BAHUE.

STATE

v.MCATEE.

Supreme Court of Iowa.

Feb. 8, 1890.

Appeals from district court, Polk county; W. H. MCHENRY, Judge.

The defendant in each case was convicted upon an indictment for maintaining a nuisance by keeping a place for the unlawful sale of intoxicating liquors. Each defendant appeals to this court.W. S. Sickman, for appellants.

J. Y. Stone, Atty. Gen., and J. K. Macomber, for the State.

BECK, J.

1. The counsel for the state move to affirm the judgment in each case, and that judgment be rendered in this court against the sureties in the appealbond. We cannot entertain a motion to affirm a criminal case. We are required to examine the record, and, without regard to technical errors or defects, to render such judgment on the record as the law demands. Code, § 4538.

2. We infer, as defendants made no objection to the records before us, that they are brought here by the defendants pursuant to their respective appeals. Neither of the records contains more than the indictment, judgment, notice of appeal, and authentication thereof made by the clerk. There appears no error or irregularity upon the face of the record before us. The judgment of the district court must be affirmed, and each case must be remanded for the enforcement of the judgment in the court below. No judgment could be entered in either case on the appeal-bond in this court, for the reason, if for no other, that the bond is not before us. Affirmed.