Opinion
No. 13,781.
Filed December 4, 1929.
CRIMINAL LAW — Finding of Guilty — Judgment Withheld — No Appealable Judgment — Appeal Must be Dismissed. — Where a defendant was found guilty of a criminal offense, but judgment was withheld during good conduct, there was no judgment from which an appeal could be taken, and an appeal must be dismissed.
From Marion Juvenile Court (28,636); Frank J. Lahr, Judge.
Harriet Adams was found guilty of child neglect, but judgment was withheld during good conduct, and she appealed. Appeal dismissed. By the court in banc.
Maurice D. Pleak, for appellant.
James M. Ogden, Attorney-General, and V. Ed Funk, Deputy Attorney-General, for the State.
An affidavit was filed in the Marion Juvenile Court charging appellant with child neglect. After a plea of not guilty, she was tried by the court without a jury, and, on April 29, 1929, was found guilty and "judgment withheld during good conduct." It appearing that there is no judgment from which an appeal can be prosecuted, the appeal is dismissed.