State v. Hubbard

Supreme Court of South Carolina
State v. Hubbard, 290 S.E.2d 817 (S.C. 1982)
277 S.C. 568; 1982 S.C. LEXIS 320
Per Curiam

State v. Hubbard

Opinion

Per Curiam:

The appellants are charged with gambling and operating a gambling house. Before the jury was sworn, the appellants moved to suppress evidence seized in a search of the premises where they were arrested. This appeal is from the denial of that motion. We dismiss the appeal.

The appellants have not yet gone to trial. An appeal in a criminal case must attend the final judgment rendered on the indictment. State v. McMillan, 189 S. C. 444, 1 S. E. (2d) 626 (1939). No final judgment has occurred in this case and the order appealed from is interlocutory. State v. Thomas, 275 S. C. 274, 269 S. E. (2d) 768 (1980).

Therefore, we dismiss the appeal and remand the case for trial.

Reference

Full Case Name
The STATE, Respondent, v. Ronald J. HUBBARD, David C. Lerette, Bobby Newman, Donna Pardew, and James E. Starnes, Appellants
Cited By
6 cases
Status
Published