State v. Levine

The opinion of the court was delivered by

Marshall, J.:

The defendant appeals from an order denying his motion to quash an indictment filed against him and appeals from a judgment sustaining a demurrer to his plea in abatement filed by him against the indictment. The record does not disclose any final judgment. On inquiry, it has been ascertained that the action has not been tried, and judgment has not been rendered against the defendant. Can the defendant appeal before he has been tried and judgment has been pronounced against him?

In 2 Enc. PI. & Pr., 149, it is said:

“Orders and .rulings made…