Criminal Law 146 — prayer for judgment continued — no appeal A prayer for judgment continued is not a final judgment and is therefore not appealable.
Defendant was charged in a two-count bill of indictment with (1) felonious breaking and entering and (2) felonious larceny. The jury returned a verdict of guilty as charged. The court entered judgment imposing a prison sentence on the felonious breaking and entering charge but continued prayer for judgment on the felonious larceny charge. Defendant appealed.
BRITT, Judge.
The assignment of error that defendant stresses is that the trial judge failed to charge the jury as to misdemeanor larceny, a lesser included offense of felonious larceny. The assignment has no merit.
It is well established that a "prayer for judgment continued" is not a final judgment, therefore, it is not appealable. See State v. Griffin, 246 N.C. 680, 100 S.E.2d 49 (1957); State v. Pledger, 257 N.C. 634, 127 S.E.2d 337 (1962). Since prayer for judgment was continued on the felonious larceny charge, a final judgment was not entered on that charge and any error committed with respect thereto is not reviewable at this time.
As to the other assignments of error, we have reviewed the records and briefs and find that they too are without merit.
No error.
Judges HEDRICK and BALEY concur.