Charles Evans Hughes

“ The considerations it involves are entirely apart from any re-examination of the merits of the litigation. Probation was designed 'to aid the rehabilitation of a penitent offender'; 'to take advantage of an opportunity for reformation which actual service of the suspended sentence might make less probable.' Thus probation cannot be demanded as a right. 'The defendant stands convicted; he faces punishment, and cannot insist on terms or strike a bargain.' Burns v. ”

“ Placing petitioner upon probation did not affect the finality of the judgment. Probation is concerned with rehabilitation, not with the determination of guilt. It does not secure reconsideration of issues that have been determined or change the judgment that has been rendered. Probation or suspension of sentence 'comes as an act of grave to one convicted of a crime.' Escoe v. ”

“ We are of the opinion that the Court of Appeals erred in dismissing the first appeal as interlocutory. Petitioner was convicted and sentenced. Final judgment in a criminal case means sentence. The sentence is the judgment. ”