State v. . Blades
This text of 182 S.E. 714 (State v. . Blades) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The right of appeal to this Court is wholly regulated by statute, and there is none which gives a defendant in a criminal action *57 the right to appeal from an interlocutory judgment. S. v. McDowell, 84 N. C., 799.
The statute, C. S., 4650, provides that “in all cases of conviction in the Superior Court for any criminal offense the defendant shall have the right of appeal.”
In S. v. Webb, 155 N. C., 426, Mohe, J., thus states the law: “It would lead to interminable delay and render the enforcement of the criminal law well-nigh impossible if an appeal were allowed from every interlocutory order made by a judge or court in the course of a criminal prosecution, or from any order except one in its nature final. Accordingly, it has been uniformly held with us, as stated, that an ordinary appeal will not be entertained except from a judgment on conviction or some judgment in its nature final.” S. v. Rooks, 207 N. C., 275.
O. S., 638, provides a different rule for civil appeals.
The ruling of the court below, denying defendant’s plea in abatement, was an interlocutory judgment, and from this there was no right of appeal.
Appeal dismissed.
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Cite This Page — Counsel Stack
182 S.E. 714, 209 N.C. 56, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-blades-nc-1935.