Indiana Supreme Court, 1883

State v. Spencer

State v. Spencer
Indiana Supreme Court · Decided December 12, 1883 · Elliott, Hammond
92 Ind. 115; 1883 Ind. LEXIS 445

State v. Spencer

Opinion of the Court

Elliott, J.

This appeal must be dismissed for the reason that it was taken while the case was still pending for trial in the circuit court, and before any judgment had been pronounced. A trial had resulted in favor of the State, and the court set aside the verdict and granted a new trial, and this is the ruling we are asked to review. We do not think that an appeal will lie in such a case. Appeal dismissed.

Hammond, J., was absent.

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