State v. Blades

State v. W. B. Blades and J. v. Blades

State v. Blades, 182 S.E. 714 (N.C. 1935)

Court: Supreme Court of North Carolina · State Highest Courts
Decided: December 11, 1935
Judges: Devin
Citations: 182 S.E. 714209 N.C. 56

Cited by 11 4 descriptions by later courts

Opinion of the Court — Devin

Devin, J.

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 .

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.”

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 .

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

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.

Appeal dismissed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 4 in all; the most informative distinct ones are shown.

(holding no right to appeal interlocutory order in criminal proceeding)

State v. Joseph, 374 S.E.2d 132 (N.C. Ct. App. 1988)
("The right of appeal to this Court is wholly regulated by statute. . . .")

State v. Berryman, 624 S.E.2d 350 (N.C. 2006)
(“The ruling . . . was an interlocutory judgment, and from this there was no right of appeal.”)

State v. Howard, 320 S.E.2d 17 (N.C. Ct. App. 1984)

Cited by 11 cases

View all citing references →

Relies on it most ⓘ

State v. Berryman624 S.E.2d 350 (N.C. 2006)
State v. McBride463 S.E.2d 403 (N.C. Ct. App. 1995)
State v. Rhinehart148 S.E.2d 651 (N.C. 1966)
State v. Williams310 S.E.2d 83 (N.C. Ct. App. 1983)
State v. Joseph374 S.E.2d 132 (N.C. Ct. App. 1988)
State v. Inman31 S.E.2d 641 (N.C. 1944)

Most recent

State v. Leskiw652 S.E.2d 72 (N.C. Ct. App. 2007)
State v. Berryman624 S.E.2d 350 (N.C. 2006)
State v. McBride463 S.E.2d 403 (N.C. Ct. App. 1995)
State v. Joseph374 S.E.2d 132 (N.C. Ct. App. 1988)
State v. Howard320 S.E.2d 17 (N.C. Ct. App. 1984)
State v. Williams310 S.E.2d 83 (N.C. Ct. App. 1983)

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 2

Depth	Case	Cited by
	State v. Webb, 70 S.E. 1064 (N.C. 1911)	33
	State v. Rooks, 176 S.E. 752 (N.C. 1934)	11

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