
    The State v. Bahne. The Same v. McAtee.
    1. Criminal Law: appeal : affirmance on motion. Section 4538 of the Code, which requires this court to examine the record in criminal cases appealed, and, without regard to technical errors or defects, render such judgment on the record as the law demands, forbids the affirmance of a judgment of conviction upon motion of the state.
    3. -: -: judgment ON appeal bond. Upon the affirmance of a judgment of conviction, this court cannot render judgment upon the appeal bond when the bond is not before the court.
    
      Appeals from Polls District Court. — Hon. W. H. McHenry, Judge.
    Filed, February 8, 1890.
    The defendant in each case was convicted upon an indictment for maintaining a nuisance by keeping a place for the unlawful sale of intoxicating liquors. Each defendant appeals to this court.
    
      W. 8. Siclsmon, for appellants.
    
      J. Y. Stone, Attorney General, and J. K. Macomber, for the State.
   Beck, J.

I. The counsel for the state move to affirm the judgment in each case, and that judgment be rendered in this court against the sureties in the appeal bond. We cannot entertain a mof¿on ^0 affirm a criminal case. We are required to examine the record, and, without regard to technical errors or defects, to render such judgment on the record as the law demands. Code, sec. 4538.

II. We infer, as defendants made no objection to the records before us, that they are brought here by the defendants pursuant to their respective appeals. Neither of the records contains more than the indictment, judgment, notice of appeal and authentication thereof made by the clerk. There appears no error or irregularity upon the face of the record before us. The-judgment of the district court must be affirmed, and each case must be remanded • for the enforcement of the judgment in the court below. No judgment could be entered in either case on the appeal bond in this court, for the reason, if for no other, that the bond is not before us. Affirmed.  