1 Iowa 101 | Iowa | 1855
Tbe plaintiff in error relies- upon three, grounds to reverse tbis case. First, tbe overruling tbe demurrer. We have examined tbe information, and conclude that tbis demurrer- was very properly overruled. Tbe information charges, that tbe sale was made on tbe 12th day of March, 1854, at tbe county of Muscatine,, in a certain-frame bouse, .situate on a part of lot 6, block 10, in tbe city ©f Muscatine ; that tbe bouse was at tbe time of tbe sale, in tbe possession and occupancy of said Hintermeister; and that tbe sale was made by him, with intent: on tbe part of Hintermeister, that tbe liquor so sold should be drunk on tbe said premises. Tbe particular part of said lot is very
Tbe next error assigned, is in refusing tbe change of fenue. Without referring to tbe statement of tbe justice, that'tbe application was made after tbe trial commenced, or the waiver of the prosecuting attorney of any objection to such change of venue, it is sufficient to state, tbat this ruling of tbe justice does not appear, to have been urged before tbe District Court. Tbe demurrer was overruled after argument, but there is no reference to tbe application for a change of venue. We cannot consider any error of tbe justice, tbat was not passed upon by tbe District Court. Eon aught we know, this ruling of tbe justice was waived in the court below.
The last error assigned is, that the District Court refused tbe defendant a new trial, or trial on tbe merits, on such appeal As sustaining this argument, we are referred to the case of Kuner v. The State, decided at the last term of this. Court. Without intimating an opinion as to tbe correctness.
¥e are unable, therefore, to see any such error or defect in this record, affecting the substantial rights of the defendant, as to justify the reversal of the judgment. It is only such error and defects as do affect substantial rights, that we can regard, under the Code. See sections 3099 and 3361. That is the law, and we do most cheerfully abide by both its letter and spirit.
Judgment affirmed.