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277 S.C. 568

290 S.E.2d 817

State v. Hubbard

Supreme Court of South Carolina

Decided April 14, 1982

Supreme Court of South Carolina · decided 1982-04-14

Cited by 6 later decisions — most recently March 2015

6 state decisions

Relies on State v. Thomas · State v. McMillan

Good law ✅— No negative treatment on recordhow we know

Decided 1982-04-14

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Per Curiam:

¶1 The appellants are charged with gambling and operating a gambling house. Before the jury was sworn, the appellants moved to suppress evidence seized in a search of the premises where they were arrested. This appeal is from the denial of that motion. We dismiss the appeal.

¶2 The appellants have not yet gone to trial. An appeal in a criminal case must attend the final judgment rendered on the indictment. State v. McMillan, 189 S. C. 444, 1 S. E. (2d) 626 (1939). No final judgment has occurred in this case and the order appealed from is interlocutory. State v. Thomas, 275 S. C. 274, 269 S. E. (2d) 768 (1980).

¶3 Therefore, we dismiss the appeal and remand the case for trial.

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