62 Ind. 391 | Ind. | 1878
This was an indictment against the appellant for retailing intoxicating liquor without a license.
Trial by the court; conviction and judgment.
The only question sought to be raised in the case relates to the ruling of the court in overruling a motion for a new trial.
But the motion for a new trial was not made until after the judgment was rendered. It therefore came too late. In civil cases a motion for a new trial may be either made before or after judgment at the term at which the trial is had. Hinkle v. Margerum, 50 Ind. 240. Not so, however, in criminal cases. The statute in relation to criminal pleading and practice provides, that “ The application for a new trial must be made before judgment.” 2 R. S. 1876, p. 409, sec. 143.
The judgment below is affirmed, with costs.