Burrell v. State

The appellants were put upon their trial, upon an indictment for murder. By the verdict of the jury, they were found “ guilty of murder in the first degree,” “whereupon they were remanded to prison,” “ to await the sentence of the law.” It appears by the record that there was a motion for a new trial overruled ; and the prisoners gave notice of appeal. Their counsel have suggested to the Court, that no judgment was entered upon the verdict; and submit whether this Court ought to take jurisdiction of the appeal.

That there can be no appeal, in a criminal case, until after conviction, has been…