State v. . Cox

2 S.E.2d 370, 215 N.C. 458, 1939 N.C. LEXIS 289

• Court: Supreme Court of North Carolina
• Decided: April 19, 1939
• Status: Published

Opinion

Stacy, C. J.

The procedural right of appeal in criminal cases, C. S., 4650, is slightly different — less liberal perhaps — from what it is in civil actions. C. S., 638; S. v. Blades, 209 N. C., 56, 182 S. E., 714. It was said in S. v. Webb, 155 N. C., 426, 70 S. E., 1064, that “an ordinary statutory appeal will not be entertained except from a judgment on conviction or some judgment in its nature final.” Tbe order appealed from is interlocutory. S. v. Polk, 91 N. C., 652.

The fragmentariness of the appeal precludes a determination of the questions sought to be presented. Johnson v. Ins. Co., ante, 120. Mayhap tbe final judgment will be acceptable without appeal. At any rate, its correctness will presently be presumed. S. v. Rooks, 207 N. C., 275, 176 S. E., 752.

Appeal dismissed.