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State v. Saunders

State v. Edith Saunders.

State v. Saunders, 90 N.C. 651 (1884)
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Court
Supreme Court of North Carolina · State Highest Courts
Decided
February 5, 1884
Judges
Ashe
Citations
90 N.C. 651
Headnotes
Appeal. Appeals in criminal actions will be dismissed where the record fails to show there was a final judgment. (Stale v. Bailey, 65 N. C., 420; State v. Keeter, 80 N. C., 472; Stale v. Wise-man, 68 N. C., 203, cited and approved).
Summary
INDICTMENT for fornication and adultery, tried at Fall Term, 1883, of Watauga Superior Court, before Graves,- J. The defendants Edith Saunders and Columbus Anderson were indicted lor fornication and adultery, and the defendant Edith was alone on trial. There was a verdict of guilty, and the de-fondant appealed. Motion by the state to dismiss the appeal upon the ground that the record does not show that judgment was pronounced.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Ashe

Ashe, J.

In looking into the record, we find there was no judgment rendered in the court below upon the finding of the jury. The appeal therefore cannot be sustained. It lias been repeatedly decided by this court that no appeal lies in a criminal action at the instance of either party, where there is no final judgment.

State v. Bailey, 65 N. C., 426 ;

State v. Keeter, 80 N. C., 472 ;

State v. Wiseman, 68 N. C., 203 .

Lest, however, the case may be brought up again to this court upon the exception taken on the trial, we take occasion to say that upon a careful perusal of the record and statement of the case, even if there had been a judgment in the court below, there is no ground for a new trial.

Appeal dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1957: 119572026peak 1957 · 1

Relies on it most ⓘ

  1. Barbour v. Scheidt97 S.E.2d 855 (N.C. 1957)

Most recent

  1. Barbour v. Scheidt97 S.E.2d 855 (N.C. 1957)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
State v. Wiseman, 68 N.C. 203 (1873) 30
State v. Bailey, 65 N.C. 426 (1871) 24
State v. Keeter, 80 N.C. 472 (1879) 21

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