Hartung v. . the People

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The position of the moving counsel is, that the judgment of the Supreme Court, returned in answer to the writ of error, is not a final determination of that court, for the reason that a new trial is ordered in the court of Oyer and Terminer.

At common law no writ of error lay until after final judgment in any case, either civil or criminal, and we find nothing in the statutes applicable to this case changing in any respect that rule. If, therefore, the judgment…