Erganbright v. State

Indiana Supreme Court

Decided June 9, 1897

Indiana Supreme Court · decided 1897-06-09

<p>Criminal Law. — Appeals.—Appeals in criminal cases can only be taken from final judgments.</p>

Relies on Miller v. State · Baker v. Wambaugh · State v. Evansville & Terre Haute Railroad

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1897-06-09

How this case has been cited

Cited by 6 later decisions — most recently October 1957

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Monks, J.

¶1Appellant was charged by indictment with the crime of embezzlement under the provisions of section 2031, Burns’ E. S. 1891 (Acts 1891, p. 395).

¶2Appellant moved to quash each count of the indictment, which motion was overruled. Appellant filed a special plea in bar, to which appellee demurred for want of facts, which demurrer was sustained by the court. The cause was continued and is still pending in the court below.

¶3This appeal is taken from the decision of the court below overruling.the motion to quash, and in sustaining the. demurrer to the plea in bar.

¶4It is settled law that appeals in criminal cases can only be taken from final judgments. Farrel v. State, 7 Ind. 345; Miller v. State, 8 Ind. 325; Wingo v. State, 99 Ind. 313: State v. Evansville, etc., R. R. Co., 107 Ind. 581.

¶5No final judgment having been rendered in said cause, this court has no jurisdiction of the appeal.

¶6The appeal is dismissed.