Opinion
No. 13,539.
Filed October 3, 1929.
CRIMINAL LAW — Appeal — No Judgment Entered — Appeal Dismissed. — Where no judgment was ever entered after a trial of a defendant for a criminal offense, there is nothing to appeal from, and an attempted appeal must be dismissed.
From Marion Juvenile Court; Frank J. Lahr, Judge.
William McMillin was charged with the offense of child neglect, and, after trial thereon, he appealed. Appeal dismissed.
Ira M. Holmes, for appellant.
James M. Ogden, Attorney-General, and E. Burke Walker, Deputy Attorney-General, for the State.
On February 28, 1927, an affidavit was filed against the appellant in the juvenile court of Marion county, charging him with the offense of child neglect.
There was a special finding of facts made by the judge of said juvenile court, but it appears that no judgment of said court was ever made, and entered in said proceeding.
There being no judgment of said court from which an appeal will lie, nor under which the appellant can be fined or imprisoned, this appeal is dismissed and appellant ordered released and discharged.