State v. Timmons
| Decision Date | 23 March 1904 |
| Parties | STATE . v. TIMMONS. |
| Court | South Carolina Supreme Court |
CRIMINAL LAW—APPEAL.
1. An appeal will not lie by defendant in a criminal case from an order setting aside a verdict on motion of the state.
Appeal from General Sessions Circuit Court of Chesterfield County; Buchanan, Judge.
Henry Timmons was indicted for crime. From an order setting aside the verdict on motion of the state, he appeals. Dismissed.
Stevenson & Matheson, for appellant.
J. M. Johnson, for the State.
The defendant was tried under an indictment containing two counts. The jury rendered the following verdict: "Guilty of the second, not of the first, count." On motion of the solicitor, his honor the presiding judge granted an order that the verdict be set aside and a new. trial had. The defendant appealed upon the following exceptions:
The solicitor raised the objection that the said order was not appealable. This question has been so recently decided by this court in the case of State v. Hughes, 56 S. C. 540, 35 S. E. 214, that we deem it only necessary to refer to that case to show that the appeal is premature. The case just cited decides that a defendant in a criminal case cannot appeal except from the final sentence imposed by the court.
It is the judgment of this court that the appeal be dismissed.
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