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State v. Hubbard

Supreme Court of South Carolina
Apr 14, 1982
277 S.C. 568 (S.C. 1982)

Summary

finding the appeal from the denial of a motion to suppress evidence is interlocutory

Summary of this case from State v. Looper

Opinion

21695

April 14, 1982.

David A. Fedor, Columbia, for appellants.

Atty. Gen. Daniel R. McLeod, Asst. Atty. Gen. Lindy P. Funkhouser and Sol. James C. Anders, Columbia, for respondent.


April 14, 1982.


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.


Summaries of

State v. Hubbard

Supreme Court of South Carolina
Apr 14, 1982
277 S.C. 568 (S.C. 1982)

finding the appeal from the denial of a motion to suppress evidence is interlocutory

Summary of this case from State v. Looper

finding the appeal from the denial of a motion to suppress evidence is interlocutory

Summary of this case from State v. Looper

dismissing an appeal from the trial court's interlocutory order denying a motion to suppress, noting "[a]n appeal in a criminal case must attend the final judgment rendered on the indictment"

Summary of this case from State v. Reece
Case details for

State v. Hubbard

Case Details

Full title:The STATE, Respondent, v. Ronald J. HUBBARD, David C. Lerette, Bobby…

Court:Supreme Court of South Carolina

Date published: Apr 14, 1982

Citations

277 S.C. 568 (S.C. 1982)
290 S.E.2d 817

Citing Cases

State v. Robinson

A criminal defendant may not appeal until final judgment. State v. Hubbard, 277 S.C. 568, 290 S.E.2d 817…

State v. Reece

Thus, Reece's filing of the notice of appeal from the order did not divest the trial judge of jurisdiction.…