Wingo v. State
| Decision Date | 06 January 1885 |
| Docket Number | 11,993 |
| Citation | 99 Ind. 343 |
| Parties | Wingo v. The State |
| Court | Indiana Supreme Court |
From the Vigo Circuit Court.
Appeal dismissed.
W. E McLean, for appellant.
F. T Hord, Attorney General, and W. B. Hord, for the State.
The appellant was tried upon a charge of larceny and acquitted. This judgment was sustained by this court upon the ground that he could not be guilty of the offence of larceny under the statute, because the offence charged constituted embezzlement. State v. Wingo, 89 Ind. 204. The court below, upon his acquittal, directed that he be taken into custody on the latter charge. To the indictment charging the crime of embezzlement the appellant pleaded in bar the former judgment acquitting him of larceny, and to this plea the demurrer of the State was sustained, but no final judgment was rendered. The prosecuting attorney signed an agreement stipulating that the appellant should have the right of appeal, but the attorney general here contends that we can not entertain the appeal, because there was no final judgment.
Waiving the question of the authority of the prosecuting attorney to bind the State by such an agreement, we declare that it is without force, for the reason that consent can not confer jurisdiction of the subject-matter of a legal controversy. It is a familiar principle that consent can not invest courts with jurisdiction of the subject-matter, although it may give jurisdiction of the person. Doctor v. Hartman, 74 Ind. 221.
We must, therefore, disregard this agreement, and ascertain whether the law gives jurisdiction in a criminal case where there is no final judgment. The statute provides that appeals may be taken "in the manner and in the cases prescribed herein," and that "All appeals must be taken within one year after the judgment is rendered." In another place it is provided that an appeal does not stay execution. R. S. 1881, sections 1881, 1885, 1888. These provisions evidently contemplate appeals from final judgments, and do not allow appeals from rulings made upon pleadings, or made during the trial. Our decisions have uniformly declared that it is only from final judgments that appeals will lie. In the case of Miller v. State, 8 Ind. 325, upon which appellant relies, it was held that "A cause which has not progressed to final judgment, is not appealable to this court." The court, in Farrel v State, 7 Ind. 345, said, that ...
To continue reading
Request your trial
-
Todd v. State, 28697
......420, 83 L.Ed. 515; Roberts v. Cooper, 1858, 20 How. 467, 481, 15 L.Ed. 969, 973. . The rule that appeals can be taken only from final judgments is the same in criminal cases as in civil cases. Farrel v. State, 1855, 7 Ind. 345, 346; Miller v. State, 1856, 8 Ind. 325, 326; Wingo v. State, 1884, 99 Ind. 343, 344. State v. Evansville & Terre Haute Railroad Co., 1886, 107 Ind. 581, 583, 8 N.E. 619; Erganbright v. State, 1897, 148 Ind. 180, 181, 47 N.E. 464; State v. Uptgraft, 1899, 153 Ind. 232, 54 N.E. 802; Walther v. State, 1913, 179 Ind. 565, 567, 101 N.E. 1005, and cases ......
-
The State ex rel. United Railways Company of St. Louis v. Wiethaupt
...... courts, and litigants harassed by useless delay and expenses. and the courts burdened with unnecessary labor. 1 Freeman on. Judgments, sec. 33. Not even by agreement could parties take. an appeal to the Supreme Court unless there is a final. judgment. Shroyer v. Lawrence, 9 Ind. 322; Wingo. v. State, 99 Ind. 343; Elliott on Roads and Streets (3. Ed.), sec. 413; Railroad v. Railroad, 94 Mo. 535. The finding of the circuit court that the property sought to. be appropriated from relator constituted a way of necessity,. was a decision of but one issue in the case, and consequently. ......
-
Enmeier v. Blaize, 26110.
...v. Kendrick, Trustee (1892) 130 Ind. 545, 30 N. E. 635;Neyens v. Flesher (1907) 39 Ind. App. 399, 402, 79 N. E. 1087;Wingo v. State (1885) 99 Ind. 343. [3][4] It will be noted in the judgment in this case that there is no judgment against defendant, the Attorney General, which leaves the ca......
-
State v. Evansville & T.H.R. Co.
...or setting aside the whole information or indictment, that an appeal may be taken by the state. State v. Spencer, 92 Ind. 115;Wingo v. State, 99 Ind. 343. The case of State v. Swope, 20 Ind. 106, does not support the argument on behalf of the state here. That case decides nothing more than ......