No. 18,653 Precedential Dismissed. Processed

State v. Hamilton

Louisiana Supreme Court · Filed February 27, 1911 · 54 So. 482

Cited by

State v. White 125 So. 2d 413 La. 1960
State v. Kelly 125 So. 2d 412 La. 1960
Knighten v. American Automobile Insurance Co. 121 So. 2d 344 La. Ct. App. 1st Cir. 1960
Stassi v. Gureasko 120 So. 2d 489 La. 1960
Dosher v. Louisiana Church of God 71 So. 2d 868 La. 1954
State v. Laborde 38 So. 2d 371 La. 1948
Jordan v. Smith 26 So. 2d 128 La. 1946
City of Shreveport v. Kansas City, S. & G. Ry. Co. 166 So. 471 La. 1936
Hall v. Baker 164 So. 777 La. 1935
State v. Montgomery 144 So. 433 La. 1932
Banahan v. Hughes 104 So. 486 La. 1925
State v. Roy 94 So. 703 La. 1922

Opinion text

MONROE, J. Defendant was prosecuted upon a charge of selling spirituous and intoxicating liquors without having first obtained a license, and, having been convicted, was sentenced “to pay a fine of $300 and costs and be confined in the parish jail for a period of six months, subject to work on the public roads of the parish, as provided by law, and, in default of payment of the fine and costs, that he be confined in the parish jail for an additional period of six months, subject to work on the public roads of the parish as provided by law,” and he has appealed from the sentence. The state moves to dismiss the appeal on the ground that this court is without jurisdiction to entertain it. The appellate jurisdiction of this court extends in criminal cases to “questions of law alone, whenever the punishment of death or imprisonment at hard labor may be inflicted, or a fine exceeding $300 or imprisonment exceeding six months is actually imposed.” The offense charged is not punishable by-death or imprisonment at hard labor (Rev. St. art. 910; Act No. 66 of 1902; Act No. 107 of 1902. § 8; Act No. 176 of 1908, § 3), the term “hard labor,” as used in the Constitution, referring to hard labor to be performed in the State Penitentiary. On the other hand, no fine “exceeding” $300 or imprisonment “exceeding” six months has been “actually” imposed. It is therefore adjudged and decreed'that the appeal herein be dismissed.