State v. . Rooks

Stacv, C. J.,

after stating the case: The appeal must be dismissed as unavailing to the defendant in the present state of the record. S. v. Polk, 91 N. C., 652.

It is provided by C. S., 4650, that the defendant shall have the right to appeal in case of “conviction in the Superior Court for any criminal offense,” etc. Appeals in criminal cases are controlled by the statutes on the subject; and it was said in S. v. Webb, 155 N. C., 426, 70 S. E., 1064, “that an ordinary statutory appeal will not be entertained except from a judgment on conviction, or some judgment in its nature final.” S. v.…