State v. . Cox

Supreme Court of North Carolina

Decided April 19, 1939

Supreme Court of North Carolina · decided 1939-04-19

Cited by 4 later decisions — most recently September 1984

4 state decisions

Key passage — most relied on by later courts

“[I]n this State, no appeal in ordinary form lies in a criminal prosecution except from a judgment on conviction or on plea of guilt duly entered. (Citation omitted.) 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 ... 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 . . . that an ordinary statutory appeal will not be entertained except from a judgment on conviction or some judgment in its nature final.”

quoted by 1 later decision, including 70 N.C. App. 487 - State v. Howard

Good law ✅— No negative treatment on recordhow we know

Decided 1939-04-19

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Stacy, C. J.

¶1 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.

¶2 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.

¶3 Appeal dismissed.