State v. . Hiatt

CoNNOR, J. This appeal is dismissed on the authority of S. v. Rooks, 207 N. C., 275, 176 S.E., 752. In the opinion in that case it is said: “It is provided by C. S., 4650, that the defendant shall have the right to appeal in case of conviction in the Superior Court for any criminal offense. Appeals in criminal cases are controlled by statutes on the subject; and it was said in S. v. Webb, 155 N. C., 426, 70 S. E., 1064, that ‘an ordinary statutory appeal will not be entertained except from a final judgment on conviction, or from some judgment in its nature final.’ ” In the instant ease, the defendant was not convicted; he was acquitted. There was no judgment on conviction, or judgment prejudicial to the defendant in its nature final. The defendant therefore had no right to appeal to this Court. This Court is without jurisdiction to entertain the appeal, or to decide the questions presented by defendant’s assignments of error. Whether or not the defendant’s apprehension that the 'answer to the first issue appearing in the record will be conclusive on defendant or evidence against him, upon the trial of an issue involving his paternity of the child of Mamie Dennis, in some subsequent action, civil or criminal, -to which the defendant is a party, is well founded cannot be determined on this appeal. The defendant did not object to the submission of issues in writing to the jury. These issues involved the essential elements of the offense with which the defendant was charged. S. v. Spill man, 210 N. C., 271, 186 S. E., 322. See section 6, chapter 228, Public Laws of North Carolina, 1933. The appeal is Dismissed.