
    . State v. Joseph Hebert, Joseph Palmer and Moses Shempin.
    
      Practice. Exceptions in criminal prosecutions.
    
    The refusal of the county court to allow a bill of exceptions in a criminal prosecution isa matter within their discretion, which cannot be revised by the supreme court.
    The respondents were indicted for larceny, and for receiving stolen goods, knowing them to have been stolen, and were put upon trial in the county court, upon their pleas of not guilty, at the January Term, 1855, — Underwood, J., presiding.
    During the progress of the trial several exceptions were taken by the respondents to the rulings of the court; and after a verdict of guilty, they moved to have their exceptions allowed and placed upon the record and the sentence respited; but upon hearing, and on examination of the exceptions, the court declined to allow them and proceeded to sentence the respondents. After the sentence the counsel for the respondents claimed to have said exceptions allowed as a matter of right, in order to be carried to the supreme court; and they were then allowed.
    In this court, the state’s attorney moved to have the exceptions dismissed on account of their not having been allowed until after the respondents were sentenced.
    
      A. Howardl, Jr., state’s attorney, in support of the motion.
    --for the respondents.
   The opinion of the court was delivered by

Isham, J.

The exceptions in this case must be dismissed. It is within the discretion of the county court to allow exceptions or not, in prosecutions of this character. If they are allowed, the statute provides that the case shall thereupon pass to the supreme court for a final decision; and judgment, sentence and execution shall be respited and stayed. If the court refuse to allow exceptions, it is not a matter that can be reconsidered in this court. Comp. Stat. 228, § 72-73-74. As the county court, in this case, have proceeded to judgment and sentence, and to carry their sentence into execution, we must consider that procedure as a refusal to allow exceptions, and as vacating the one which is brought into this court. The prosecution is ended after sentence is pronounced.  