State v. Norman

Ohio Court of Appeals

State v. Norman

77 N.E.2d 76, 80 Ohio App. 510, 36 Ohio Op. 303, 1946 Ohio App. LEXIS 495

CourtOhio Court of Appeals

DecidedDecember 23, 1946

Docket4162

StatusPublished

Cited by3 cases

This text of 77 N.E.2d 76 (State v. Norman) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Norman, 77 N.E.2d 76, 80 Ohio App. 510, 36 Ohio Op. 303, 1946 Ohio App. LEXIS 495 (Ohio Ct. App. 1946).

Pincite

Opinion

Carpenter, J.

The indictment herein charged murder in the second degree. To a plea of former jeopardy, in which discharge was prayed for, a general demurrer was filed and sustained. Prom that order this appeal on questions of law was taken.

It is unnecessary to discuss the facts or merits of the plea, because this court has no alternative but to dismiss the appeal sua sponte for the reason that that order was not a judgment or final order. It was only an interlocutory matter. '

Section 13459-1, General Code, limits all appeals in criminal cases to a “judgment or final order.” Whitelock v. State, 21 Ohio Law Abs., 393, appeal dismissed, *511 State v. Whitelock, 131 Ohio St., 332, 2 N. E. (2d), 777.

Under Section 6 of Article IV of the Constitution, this court can only “review * * * judgments or final orders of * * * courts of record inferior to the Court of Appeals.” “Finality” is a sine qua non for appeal-ability of an order of the Court of Common Pleas in a criminal cause. State v. Smith, 135 Ohio St., 292, 20 N. E. (2d), 718.

Appeal dismissed.

Stuart and Conn, JJ., concur.

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