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209 N.C. 56

182 S.E 714

State v. . Blades

Supreme Court of North Carolina

Decided December 11, 1935

Supreme Court of North Carolina · decided 1935-12-11

Good law ✅— No negative treatment on recordhow we know

Decided 1935-12-11

How this case has been cited

Cited by 9 later decisions — most recently November 2007

9 state decisions

3019351940195019601970198019902000decided

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.

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Devin, J.

¶1 The right of appeal to this Court is wholly regulated by statute, and there is none which gives a defendant in a criminal action *57 the right to appeal from an interlocutory judgment. S. v. McDowell, 84 N. C., 799.

¶2 The statute, C. S., 4650, provides that “in all cases of conviction in the Superior Court for any criminal offense the defendant shall have the right of appeal.”

¶3 In S. v. Webb, 155 N. C., 426, Mohe, J., thus states the law: “It would lead to interminable delay and render the enforcement of the criminal law well-nigh impossible if an appeal were allowed from every interlocutory order made by a judge or court in the course of a criminal prosecution, or from any order except one in its nature final. Accordingly, it has been uniformly held with us, as stated, that an ordinary appeal will not be entertained except from a judgment on conviction or some judgment in its nature final.” S. v. Rooks, 207 N. C., 275.

¶4 O. S., 638, provides a different rule for civil appeals.

¶5 The ruling of the court below, denying defendant’s plea in abatement, was an interlocutory judgment, and from this there was no right of appeal.

¶6 Appeal dismissed.

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