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State v. Callum

State of Louisiana v. J. W. Callum

State v. Callum, 28 La. Ann. 49 (1876)
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Court
Supreme Court of Louisiana · State Highest Courts
Decided
January 15, 1876
Docket
No. 5942
Judges
Howell
Citations
28 La. Ann. 49
Headnotes
under tin' provisions of the constitution, article seventy-four, an appeal in criminal eases lies only when tho punishment of d w.th. or imprisonment at hard labor, or a line exceeding throe hundred dolla-s, is actually imposed. Ho penalty haying been imposed in this ease, the appeal must be dismissed.
Summary
APPEAL from the Twelfth Judicial District Court, parish of Winn. Taliaferro, J. Criminal case.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Howell

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Howell, J.

A motion is made to dismiss this appeal on tho ground that this court has no jurisdiction of the ease, the State having appealed from a judgment quashing the indictment found against the defendant.

Under the provisions of the constitution (article 74) an appeal in criminal cases lies only when tho punishment of death or imprisonment at hard labor, or a fine exceeding three hundred dollars, is actually imposed. No penalty was imposed in this case.

It is therefore ordered that the appeal herein be dismissed.

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