State v. Mckettrick
| Decision Date | 30 April 1880 |
| Citation | 13 S.C. 439 |
| Court | South Carolina Supreme Court |
| Parties | STATE v. MCKETTRICK. |
The sentence of the prisoner in the Court of General Sessions is the final judgment, from which alone an appeal may be taken.
Upon the call of this case upon the docket of the Supreme Court, it appeared that the appellant had been convicted of an assault and battery in the Court of General Sessions for Abbeville county, at September Term, 1879; but the presiding judge refused to sentence him, as an appeal was to be taken.
This court declined to hear the appeal, as there was no final judgment from which alone an appeal would lie; the sentence of the court being, in such cases, the final judgment.
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15 cases
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State v. Rearick
...of the defendant in the Court of General Sessions is the final judgment, from which alone an appeal may be taken. State v. McKettrick , 13 S.C. 439, 439 (1880).Twenty years later, the Court applied the holding in McKettrick to dismiss as interlocutory an appeal of an order granting a mistri......
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State v. Miller
...of plea in abatement]; State v. Hightower, 33 S.C. 598, 11 S.E. 579 (1890) [appeal prior to imposition of sealed sentence]; State v. McKettrick, 13 S.C. 439 (1880) [appeal after conviction, trial judge refused to ...
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Birnbaum v. United States, 4573.
...Com. v. Carver, 224 Mass. 42, 112 N. E. 481; State v. Brewer (N.J.Sup.) 59 A. 31; State v. Bongiorno, 96 N.J.L. 318, 115 A. 665; State v. McKettrick, 13 S.C. 439; Gibson v. State, 96 Tex.Cr.R. 428, 257 S. W. 1101; People v. Hartman, 23 Cal.App. 72, 137 P. 611. * * * When Congress passed the......
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United States v. Lecato
...Carver, 224 Mass. 42, 112 N. E. 481; State v. Brewer (N. J. Sup.) 59 A. 31; State v. Bongiorno, 96 N. J. Law, 318, 115 A. 665; State v. McKettrick, 13 S. C. 439; Gibson v. State, 96 Tex. Cr. R. 428, 257 S. W. 1101; People v. Hartman, 23 Cal. App. 72, 137 P. 611. The only cases which we have......
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