State v. Wyatt

The following order was handed down Per Curiam : There was a mistrial in this case, and the appeal is from an order of the Circuit Court overruling the defendant’s plea of former jeopardy. *326 The case involves a construction of the Eighteenth Amendment of the United States Constitution. No argument was filed by the solicitor. As there has not been any final judgment, the .ruling of his Honor, the presiding Judge, is not appealable. State v. Byars, 79 S. C. 174, 60 S. E. 448, and cases therein cited. Appeal dismissed. Me. Justice Gags did not participate.