delivered the opinion of the court.
The judgments from which the state may appeal are provided for in pаragraphs one, two, three, § 39, code of 1892. By paragraph one an appeal is allowed from a judgment sustaining ‘ ‘ a demurrer to or a motion to quash an indictment or an affidavit.” Suсh judgment is final, and ends prosecution undеr such an indictment or affidavit, unless reversed.
By paragraph two an appeal is allowed “from a judgment
By paragrаph three an appeal is allowed from ‘ ‘ a ruling adverse to the stаte in every case in which a defendant is convicted and prosecutes an appeal.” The judgment meant here is a final judgment following a trial on the merits convicting a defendant. Paragraphs two and three are complementary to each other— the one providing for aрpeal from a final judgment acquitting, the other for an appeal frоm a final judgment convicting — in the states of case provided, the judgments in both сases being-final judgments on the merits. The whоle context shows this to be the character of appeals allowed the state. It is not intended that there shall be interlocutory apрeals in criminal cases, or piеcemeal appeals. Thе appeal in this case is prosecuted while the defendant is still unacquitted or unconvicted by any final judgment, аnd is, therefore, premature. The рoint is not made by counsel for appellee, but that the proper procedure on such apрeals may be observed, we have thought.it our duty to notice it.
The appeal is dismissed.