State v. Paschal

In this case, there was a motion to quash, made by the defendant, upon the decision of which by the court, the following entry was made, which was intended to be the judgment, to wit: “It is ordered by the court, that the said motion be sustained.” The legal consequence of this decision, is not declared in the record disposing of the case, or discharging the defendant; and therefore it is not a final judgment, such as is necessary to be entered before bringing a cause into this court, upon appeal. (Code Crim. Pr., title Appeals, p. 137 ; see Art. 742 ; Burrill v. The State, 16 Tex. Rep. 147.)

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