State v. Uptgraft

Decided October 12, 1899

Indiana Supreme Court · decided 1899-10-12

<p>Appeal. — Final Judgment. — Criminal Law. — An appeal in a criminal cause which is not taken from a final judgment will be dismissed.</p>

Relies on Erganbright v. State

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1899-10-12

How this case has been cited

Cited by 29 later decisions — most recently October 1957 · most notably Southern Indiana Railway Co. v. Railroad Commission (1909), Daniels v. Bruce (1911)

29 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 →

Jordan, C. J.

¶1Appellees were charged by indictment with having committed the crime of perjury. Upon their motion, the court quashed the indictment over the exceptions of the State, and granted the latter sixty days in which to file a bill of exceptions.

¶2No final judgment whatever appears to have been rendered and entered in the case, and the State seems to have appealed from the ruling of the court in sustaining the motion to quash the indictment.

¶3The rule is well .affirmed that an appeal to this court, in a criminal cause, whether prosecuted by the State or defendant, must be taken from a final judgment; otherwise, this court has no jurisdiction to entertain the appeal. Erganbright v. State, 148 Ind. 180, and cases there cited. No final judgment having been rendered in this cause, the appeal is therefore dismissed.