49 Iowa 634 | Iowa | 1878
The abstract states that the defendant filed a demurrer to the information, and also a motion to set aside the verdict and for a new trial. Both the demurrer and motion, it is stated, were overruled. The abstract, however, fails to show that any exceptions were taken to the rulings, and neither the demurrer nor motion is in the abstract. We are referred to the transcript for both, and it is said the transcript contains a bill of exceptions.
Under the settled practice of this court we never look into the transcript except for the purpose of determining the correctness of the abstract, where the same is disputed, in the manner required by the rules of this court. As the abstract shows but a single exception, and that is to the instructions, we, strictly speaking, are only required to determine that question; but, as this is a criminal ease, we proceed to a consideration of the questions discussed by counsel as best we can, in view of the record before us.
In the construction of statutes words importing the singular number may be extended to several persons or things (Code, § 45), and we see no reason why this rule should not be extended to the ordinance in question. But, whether this is so or not, we regard the information in this respect as
IV. It is urged, as the information does not charge that sales were made by an agent or clerk, that testimony so showing was improperly admitted, and that 'the court erred in instructing the jury that such testimony would warrant a conviction. It is also claimed the court erred in instructing the jury that all who aid in the commission of a public offense may be tried and punished as principals. It is further insisted that the court erred in instructing the jury that proof of a sale made within one year previous to filing the information was sufficient.
In none of these respects was there error. We do not think we should take the time or space required to state our reasons.
It is lastly urged the verdict is against the evidence. In this view we do not concur.
Affirmed.