State v. . Locke
Supreme Court of North Carolina
Indictment for rape tried at Pall Term, 1881, of Rowan Superior Court, before Eure, J. The prisoner was charged with rape committed upon a*, infant female under ten years of age, and was put upon his trial at said term.
Read the full summary
Indictment for rape tried at Pall Term, 1881, of Rowan Superior Court, before Eure, J. The prisoner was charged with rape committed upon a*, infant female under ten years of age, and was put upon his trial at said term. The jury being unable to agree upon a verdict were discharged, the presiding judge directing the following entry to be made of record : “ This cause having been committed to the jury on Monday of the second week -of the term, who were kept together constantly in consideration of the same until Saturday night of the same week, at the hour of ten and a half o’clock, at which…
1Opinion of the CourtRuffin, J.
The prisoner’s counsel seemed to be aware that the appeal could not be maintained, upon the ground that no appeal will lie from an interlocutory judgment in a criminal action, and without insisting thereon asked for a rule upon the state to show cause why a writ of certiorari should not issue, relying upon the matter set out in the record as sufficient to support his motion.
We feel constrained both to dismiss the appeal and to deny the motion for a certiorari: The first, for the reason above suggested, that no appeal will lie in a criminal action except from a final judgment ; and the latter,…
2Cases cited3 opinions
- State v. . Beverly JeffersonSupreme Court of North Carolina · 1872
- State v. . McGimseySupreme Court of North Carolina · 1879
- State v. . HoneycuttSupreme Court of North Carolina · 1876
3Cited by5 opinions
- State v. . TrippSupreme Court of North Carolina · 1914
- State v. . DrySupreme Court of North Carolina · 1910
- Taylor v. JohnsonSupreme Court of North Carolina · 1916
- Taylor v. . JohnsonSupreme Court of North Carolina · 1916
- State v. . TwiggsSupreme Court of North Carolina · 1884