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47 Iowa 634

State v. Davis

Supreme Court of Iowa

Decided March 20, 1878

Supreme Court of Iowa · decided 1878-03-20

Defendant was indicted for setting fire to a building with intent to cause it to be burned. A lawful jury was empaneled, and, while the trial was proceeding, one of the jurors became sick. The • court, upon the consent of counsel both of the defendant and of the State, excused the further attendance of the sick juror, and the trial of the cause proceeded before eleven jurors, who returned a verdict of guilty.

Decided 1878-03-20

Beck, J.

¶1L criminal appeal. Counsel for defendant insist that we cannot entertain jui’isdiction of the cause for the reason that no final judgment was rendered in the case by the court below, from which, alone, an appeal can be prosecuted in this court. The objection is raised both upon motion and in the argument upon the merits of the case: The position of counsel is well taken. "We have recently held that no appeal in a criminal case can be taken from an intermediate order, and that the statute provides for appeals to this court only from final judgments. The State v. Swearengen, 43 Iowa, 336. The same rule is applicable as well to appeals .prosecuted by the State as by the defendant. Code, § § 4521, 4522.

¶2Other questions raised in the case, involving the regularity and sufficiency of the trial before eleven jurors, cannot be determined, as we cannot entertain jurisdiction of the case.

¶3Appeal dismissed.

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