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State v. Uptgraft

State v. Uptgraft, 54 N.E. 802 (Ind. 1899)
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Court
Indiana Supreme Court · State Highest Courts
Decided
October 12, 1899
Docket
No. 18,988
Judges
Jordan
Citations
54 N.E. 802153 Ind. 2321899 Ind. LEXIS 38
Disposition
Appeal dismissed.
Headnotes
Appeal. — Final Judgment. — Criminal Law. — An appeal in a criminal cause which is not taken from a final judgment will be dismissed.
Summary
From the La Grange Circuit Court.

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

Opinion of the Court — Jordan

Text extracted by OCR from a scanned original; check the original for exact wording.

Jordan, C. J.

Appellees were charged by indictment with having committed the crime of perjury. Upon their motion, the court quashed the indictment over the exceptions of the State, and granted the latter sixty days in which to file a bill of exceptions.

No final judgment whatever appears to have been rendered and entered in the case, and the State seems to have appealed from the ruling of the court in sustaining the motion to quash the indictment.

The rule is well .affirmed that an appeal to this court, in a criminal cause, whether prosecuted by the State or defendant, must be taken from a final judgment; otherwise, this court has no jurisdiction to entertain the appeal. Erganbright v. State, 148 Ind. 180 , and cases there cited. No final judgment having been rendered in this cause, the appeal is therefore dismissed.

How later courts describe this case

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

1922: 11937: 11951: 11957: 119222026peak 1922 · 1

Relies on it most ⓘ

  1. Todd v. State101 N.E.2d 45 (Ind. 1951)
  2. Desho v. State145 N.E.2d 429 (Ind. 1957)
  3. Selke v. State6 N.E.2d 570 (Ind. 1937)
  4. State v. Hazelwood135 N.E. 797 (Ind. 1922)

Most recent

  1. Desho v. State145 N.E.2d 429 (Ind. 1957)
  2. Todd v. State101 N.E.2d 45 (Ind. 1951)
  3. Selke v. State6 N.E.2d 570 (Ind. 1937)
  4. State v. Hazelwood135 N.E. 797 (Ind. 1922)

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 1

DepthCaseCited by
Erganbright v. State, 47 N.E. 464 (Ind. 1897) 6

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