
    Asa Loftin et al. vs. The State of Mississippi.
    No appeal lies to this court from the circuit court in criminal cases, and a recognizance taken from the defendants in an indictment, after a verdict of guilty and the allowance of an appeal to this court, that the defendants will appear at the next term of the circuit court, &c., to abide the decision of the high court of errors and appeals, and not depart, &c., is a nullity.
    Nor will a writ of error lie from the verdict of a jury in a criminal cape, of guilty, when the circuit court has not rendered judgment thereon ; and if one be sued out to this court, the case will be remanded, that the circuit court may enter a judgment according to the verdict.
    Nor is a writ of error grantable, as matter of right, by the circuit clerk in criminal cases ; it must be upon the fiat of a competent officer'. (How. & Hutch. 358, sec. 40.) ' '
    
    In error from the circuit court of Lauderdale county; Hon. A. B. Dawson, judge.
    Asa Loftin was indicted at the September term, 1847, of the court, as an overseer of the road, for not keeping it in repair. He plead not guilty. At the March term, 1848, the trial was had, and the record, after stating that the cause was submitted to the jury, proceeds as follows, viz.: “ The jury retired to make up their verdict, returned in open court, and in the presence of the prisoner, say, we, the jury, find the defendant guilty, as charged in the bill of indictment; and the defendant, by his counsel, praying an appeal to the high court of errors and appeals; and defendant, being in court, and John W. Coats, acknowledged themselves indebted to the state of Mississippi in the sum of two hundred dollars each, to be levied of their respective goods and chattels, lands and tenements, conditioned that the said Asa_ Loftin make his appearance in the county of Lau-derdale, at the court-house thereof in the town of Marion, at a circuit court to be held on the first Monday in September, A. D. 1848; and from day to day and from term to term thence, to abide the decision of the high court, and not depart from thence, until properly discharged by due course of law.”
    There was no appeal bond in the record; but a writ of error purporting to be issued by “ Benjamin F. Parke, clerk,” under the seál of the Lauderdale circuit court; but no fiat of a judge for its issuance.
   Mr. Justice Thacher

delivered the opinion of the court.

This is an indictment preferred by the circuit court of Lau-derdale county, Hon. A. B. Dawson, presiding judge, against Asa Loftin, as a delinquent overseer of a public road, under the statute in such case made and provided. H. & H. 458, sec. 62.

The defendant below plead not guilty, but the jury returned a verdict of “guilty;” whereupon the said defendant prayed an appeal to the high court of errors and appeals, and tendered an appeal bond, conditioned for his appearnce at the' circuit court of Lauderdale county, on the first Monday in September, A. D. 1848, to abide the decision of the said high court of errors and appeals, and from thence not to depart until discharged by due course of law. The said circuit judge allowed this appeal, and accepted the bond tendered thereon.

The above proceeding -is entirely erroneous, and has been so held by an early decision of this court. No appeal lies from the circuit to the high court of errors and appeals in criminal cases, and the same can only be revised in this tribunal by virtue of writs of error. The State v. Tuomey, 5 How. 50. The bond also taken by the circuit court is a nullity, not being warranted by law. Besides, the proceeding is erroneous in another respect. The circuit court neglected to pronounce judgment upon the verdict of the jury, and there being no judgment in the case, there is consequently nothing to appeal from, even if an appeal would lie. The writ of error in the record cannot be entertained in the present condition of the case, because no case of this kind can be allowed a writ of error until a final judgment in the circuit court, and only upon the fiat of a competent officer. H. & H. 538, sec. 40; 1 S. & M. 163; 2 Ib. 27; 3 Ib. 588.

This cause, therefore, must be dismissed from this court, and remanded to the circuit court of Lauderdale county, with instructions to the judge of that court to pronounce the sentence and judgment of the law upon the verdict of-the jury; when the defendant can make his application for, a writ of error to the proper quarter, if he so elect. 5 H. 291.  