
    John F. Cochrane v. The State of Ohio.
    ■Where the court on application of the defendant who is indicted for a crime,, continues the case to the next term of the court at his costs, and renders-a j udgment against him for the same, and orders execution for the same, a writ of error will not lie to reverse such judgment, until final judgment in the prosecution; and where the record does not show such final judgment the writ will he dismissed.
    Error to the Court of Common Pleas of Brown county..
    Indictment for murder in the second degree.
    The plaintiff in error was arraigned, and plead not guilty to the charge.
    Afterward, at the June term, 1873, on his application and on good cause shown, the case was continued until the ' next term, at his costs, and a formal judgment was then rendered against him for the same, and execution ordered to collect the same. At the same time he was ordered to enter into a recognizance with sureties in $5,000 for his • appearance at the next term, and in default to stand committed.
    At this point the record before us ends, and we are not advised whether the prisoner was afterward convicted or acquitted, or that any final determination of the case had ever been made.
   By the Court.

Where, in a criminal prosecution, and on the defendant’s application, the ease is continued to the next term of the court for trial, at his costs, for which a judgment was rendered and execution ordered, the record should show that the prosecution was ended before a writ of error will lie to reverse such judgment before a final determination of the case. Upon trial the defendant may have been convicted, in which event the statute requires that he pay the costs.

Petition in error dismissed.  