
    State of Iowa v. Elias Doty, Appellant.
    Overruling Demurrer to Indictment: not appealable. Under Code, section 5448, providing that an appeal in a criminal case can only be taken from a final judgment, the supreme court has no jurisdiction to determine an appeal from an order overruling a demurer to an indictment. •
    
      Appeal from Linn District Oourt. — PIoN. H. M. Remley, Judge.
    Saturday, October 21, 1899.
   Ladd, J.

Indictment for libel, to which the defendant interposed a demurrer. This was overruled, and the'appeal is from that ruling. It does not appear judgment has ever been entered. In a criminal action, “an appeal can only betaken from final judgment.” Code, section 5448. An order overruling a demurrer is not such. State v. Swearengen, 43 Iowa, 336. To confer jurisdiction, the abstract mustf affirmatively show that final judgment has been entered,. State v. Wheeler, 65 Iowa, 619; State v. Haworth, 85 Iowa, 712; State v. Briggs, 73 Iowa, 456. It follows that this .appeal must be dismissed. '  