State v. Moore
State v. Moore, 73 So. 842 (La. 1917).
Cited by
Overruled in 1
- State v. Dunning 69 So. 2d 16 La. 1953
- State Farm Mut. Automobile Ins. Co. v. Ott 61 So. 2d 872 La. 1952
- State v. Newman 43 So. 2d 593 La. 1949
- City of Shreveport v. Aaldrup 5 So. 2d 143 La. 1941
- State v. Bonner 190 So. 625 La. 1939
- State v. Wactor 179 So. 865 La. 1938
- Esto Real Estate Corp. v. Louisiana Tax Commission 127 So. 12 La. Ct. App. 1st Cir. 1930
- State v. Glenon 113 So. 803 La. 1927
- Downs v. Dunn 111 So. 82 La. 1926
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. Smith 39 La. Ann. 231
- State v. Smith 39 La. Ann. 320
- State v. Blanchard 45 La. Ann. 939
- State v. Kramer 127 La. 1033
Opinion text
On Motion to Dismiss Appeal. SOMMERVILLE, J. The state appeals from a judgment sustaining pleas to the jurisdiction of the district court in seven cases against the defendants which were consolidated for the purpose of trial, and wherein the defendants were charged with criminal libel. The penalty prescribed by law for such an offense is a fine of not more than $1,000, or imprisonment for two years. R. S. §§ 804 and 982. Article 85 of the Constitution provides that the Supreme Court, in criminal eases, shall have jurisdiction on 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. In this case death or imprisonment at hard labor would not have resulted from conviction; and, as no trial has yet taken place, no fine or sentence of imprisonment exceeding six months has been actually imposed. It therefore follows that the court is without jurisdiction. State v. Smith, 39 La. Ann. 231 , 1 South. 452 ; State v. Smith, 39 La. Ann. 320 , 1 South. 867 ; State v. Blanchard, 45 La. Ann. 939 , 12 South. 933 ; State v. Kramer, 127 La. 1033 , 54 South. 341 . Appeal dismissed.