State v. Hubbard, 21695
| Decision Date | 14 April 1982 |
| Docket Number | No. 21695,21695 |
| Citation | 277 S.C. 568,290 S.E.2d 817 |
| Court | South Carolina Supreme Court |
| Parties | The STATE, Respondent, v. Ronald J. HUBBARD, David C. Lerette, Bobby Newman, Donna Pardew, and James E. Starnes, Appellants. |
David A. Fedor, Columbia, for appellants.
Atty. Gen. Daniel R. McLeod, Asst. Atty. Gen. Lindy P. Funkhouser and Sol. James C. Anders, Columbia, for respondent.
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.
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).
Therefore, we dismiss the appeal and remand the case for trial.
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State v. Isaac
...112 (1990) (an order committing the defendant to the Department of Mental Health is not immediately appealable); State v. Hubbard, 277 S.C. 568, 569, 290 S.E.2d 817, 817 (1982) (the denial of a motion to suppress evidence is not immediately appealable); State v. Lockhart, 275 S.C. 160, 161,......
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...State v. Dingle, 279 S.C. 278, 306 S.E.2d 223 (1983) [order committing defendant to Department of Mental Health]; State v. Hubbard, 277 S.C. 568, 290 S.E.2d 817 (1982) [denial of motion to suppress evidence]; State v. Parker, 267 S.C. 317, 227 S.E.2d 677 (1976) [denial of motion to quash in......
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... ... Reece's filing of the notice of appeal from the order did ... not divest the trial judge of jurisdiction. See State v ... Hubbard, 277 S.C. 568, 569, 290 S.E.2d 817, 817 (1982) ... (dismissing an appeal from the trial court's ... interlocutory order denying a motion ... ...