State v. Hightower

• Decision Date: 15 May 1890
• Citation: 11 S.E. 579,33 S.C. 598
• Parties: STATE v. HIGHTOWER
• Court: South Carolina Supreme Court

11 S.E. 579

33 S.C. 598

STATE v. HIGHTOWER

Supreme Court of South Carolina

May 15, 1890

An appeal in a criminal case taken after conviction, but before sentence, is premature.

Motion to dismiss appeal.

Mr. Blythe, for appellant.

Solicitor An sel, for the State.

PER CURIAM.

This is a motion to dismiss the appeal of defendant, filed May 7, 1890, and consequently not on the docket for hearing at the present term, on the following grounds, to-wit: (1) Because the defendant, after his conviction, not being present to receive his sentence, and the same being now sealed up, the appeal is premature, and cannot be now entertained. (2) Because an appeal will not lie to this court from the court of sessions, where the defendant has been tried and convicted, until the sentence has been imposed by the circuit judge. (3) Because the sentence of the court is the final judgment in a criminal case; and, no sentence being passed on the defendant in this case, his appeal will not lie, and should be dismissed. (4) Because, a motion for a new trial being made only after the conviction, an appeal from such a motion cannot be entertained by this court until after sentence.

The supreme court decides as follows: On hearing this motion, in which it appears that no final judgment has yet been rendered, it is ordered that the appeal be dismissed as premature, without prejudice to the right which defendant may have to appeal after final judgment has been rendered.