As the defendant neither sought nor accepted the indulgence and forbearance of the court, it was error to withhold final judgment, or some judgment in its nature final, so that the defendant might test the validity of the trial by appeal. Such was the holding in S. v. Burgess, 192 N. C., 668, 135 S. E., 771. Hence, on authority of the Burgess case, supra, the cause will be remanded for judgment. Compare S. v. Anderson, 208 N. C., 771; S. v. Rooks, 207 N. C., 275, 176 S. E., 752.

Error and remanded.