State v. Bongiorno

The opinion, of the court was delivered by

Gummere, Chief Justice.

The indictment in this case charges the plaintiffs in error with an assault with intent to cotamit a rape upon one Olive Boyd. The trial resulted in a *319verdict of guilty against each of them, and the court thereupon suspended sentence. The present writ is, sued out to test the validity of the conviction.

The prosecutor of the pleas contends that the writ is prematurely issued; that in a criminal case the sentence of the court is the final judgment; and that until it is pronounced there can he no review on error. On the other hand,…