Hayden v. State
Mississippi Supreme Court
From the circuit court of Alcorn county. Hon. Eugene O. Sykes, Judge. Hayden, the appellant, was indicted and tried for practicing medicine without obtaining the license required by law. The jury returned a verdict finding appellant guilty as charged, and the court recorded the verdict and entered an .order postponing sentence pending an appeal to the supreme court from the conviction. The case was argued and submitted to the supreme court.
1Opinion of the CourtWhitfield, C. J.
There was no final judgment in this case. There is nothing but’ the verdict of the jury. We can only entertain appeals from circuit courts in case of final judgments. In the second volume of Ency. Plead. & Prac., p. 150, it is said, “no appeal can be taken, therefore, from a verdict of guilty unless the judgment is entered thereon.”
In the second volume of Ency. Law and Proc., p. 614, it is said: The existence of a judgment or an appealable order being a jurisdictional fact, an appeal or writ of error will not lie unless there has been such a judgment, or order, in the court below;” and on p.…
2Cited by3 opinions
- Beckwith v. StateMississippi Supreme Court · 1992
- State v. LiliopoulosWashington Supreme Court · 1931
- Lang v. StateMississippi Supreme Court · 1960