State v. . Cornett
Cases that cite this one
2 later published cases cite this decision.
- Wyatt v. Baker (Ga. Ct. App. 1930)
- State v. . McIver (N.C. 1917)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The defendants were indicted and convicted of wilfully injuring and removing a fence surrounding a cultivated field in breach of C. S., 4317. Judgment was suspended, upon payment of the cost, until the termination of a pending civil action. The order for the payment of the cost is not a part of the punishment which may be imposed for the commission of a misdemeanor, the legal effect of the order being only to vest the right to the cost in those entitled to it. S. v. Crook, 115 N. C., 760; S. v. Smith, 196 N. C., 438. As no final judgment has been pronounced, the appeal must be dismissed. In a criminal action an appeal may be taken only from a final judgment on conviction or from one which in its nature is final. S. v. Bailey, 65 N. C., 426; S. v. Jefferson, 66 N. C., 309; S. v. Wiseman, 68 N. C., 203; S. v. Webb, 155 N. C., 426; S. v. Tripp, 168 N. C., 150.
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.