State v. . Cornett
This text of 150 S.E. 113 (State v. . Cornett) 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 defendants were indicted and convicted of wilfully injuring and removing a fence surrounding a cultivated field in breach of C. S., 4317. Judgment was suspended, upon payment of the cost, until the termination of a pending civil action. The order for the payment of the cost is not a part of the punishment which may be imposed for the commission of a misdemeanor, the legal effect of the order being only to vest the right to the cost in those entitled to it. S. v. Crook, 115 N. C., 760; S. v. Smith, 196 N. C., 438. As no final judgment has been pronounced, the appeal must be dismissed. In a criminal action an appeal may be taken only from a final judgment on conviction or from one which in its nature is final. S. v. Bailey, 65 N. C., 426; S. v. Jefferson, 66 N. C., 309; S. v. Wiseman, 68 N. C., 203; S. v. Webb, 155 N. C., 426; S. v. Tripp, 168 N. C., 150.
Appeal dismissed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
150 S.E. 113, 197 N.C. 627, 1929 N.C. LEXIS 319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cornett-nc-1929.