State v. Thompson

Section 6139 of the Civil Code of 1910 (so far as material to the question propounded by the Court of Appeals) declares: “Any party in any civil cause, and the defendant in any criminal proceeding in the superior courts of this State, may except to any sentence, judgment, or decision, or decree of such court, or of the judge thereof in any matter heard at chambers.” By the question propounded by the Court of Appeals we are asked to define the words “any criminal proceeding,” inasmuch as the Code only provides that “the defendant in any criminal proceeding . . may except.”

In State v. Jones, 7…