STATE v. HOCKER

No. 53775.

178 N.W.2d 317 (1970)

STATE of Iowa, Plaintiff-Appellant, v. William HOCKER, Defendant-Appellee.

Supreme Court of Iowa.

June 23, 1970.


Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., William W. Garretson, Asst. Atty. Gen., and Barry M. Anderson, Deputy Lee County Atty., for the State.

N. E. McManus, Keokuk, for defendant.


UHLENHOPP, Justice.

A jury found defendant not guilty of hunting at night by artificial light. The State sought to appeal to obtain a decision on a question of law. See Code, 1966, secs. 793.1, 793.20.

An appeal of a criminal prosecution can only be taken from "the final judgment". Sec. 793.2. The statute applies to appeals by the State as well as by defendants. State v. Addison, 250 Iowa 712, 95 N.W.2d 744. When a jury...

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