No. 37463. Precedential Processed

State v. Lejeune

Louisiana Supreme Court · Filed April 17, 1944 · 18 So. 2d 33

Cited by

State v. Rideau 193 So. 2d 264 La. 1966
State v. MacK 144 So. 2d 363 La. 1962
State v. Goree 139 So. 2d 531 La. 1962
State v. Newman 43 So. 2d 593 La. 1949
State v. Perkins 31 So. 2d 188 La. 1947
State v. Anderson 20 So. 2d 288 La. 1944

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. King 167 La. 350

Opinion text

*709 ROGERS, Justice. Fernest Lejeune was charged in a bill of information with criminal neglect of his family in violation of Article 74 of the Criminal Code. The bill of information was filed in the Fourteenth Judicial District Court for the Parish of Calcasieu. Defendant filed an exception to the jurisdiction of the court on the ground that he was a resident of the Parish of Acadia and within the jurisdiction of the Fifteenth Judicial Court for that parish, and that therefore the Fourteenth Judicial District Court for the Parish of Calcasieu is without jurisdiction of his alleged offense. The trial judge overruled the plea, and defendsmt moved for and was granted a suspensive appeal to this Court. Alleging that there is nothing in the record to show that this Court has appellate jurisdiction of the case at this time, the State has moved to dismiss the appeal. The jurisdiction of this Court in criminal cases is restricted to those cases in which the penalty of death or imprisonment at hard labor may be imposed, or where a fine exceeding $300 or imprisonment exceeding six months has been actually imposed. Constitution, Article 7, sec. 10. A conviction in this case can not result in a sentence of death or imprisonment at hard labor and, as the case has not yet been tried on the merits, no fine exceeding $300 nor imprisonment exceeding six ■months has actually been imposed. It ■ therefore follows that this Court is with|out jurisdiction to pass on the question involved in defendant’s appeal. State v. King, 167 La. 350 , 119 So. 252 . For the reasons assigned, the appeal is dismissed. O’NIELL, C. J., takes no part. ODOM, J., absent