No. 41825 Precedential Affirmed Processed

State v. Carter

Louisiana Supreme Court · Filed July 2, 1954 · 74 So. 2d 902

Cited by

State v. Nails 234 So. 2d 184 La. 1970
State v. Brown 158 So. 2d 605 La. 1963
State v. Garrett 138 So. 2d 11 La. 1962
State v. Perry 118 So. 2d 130 La. 1960
State v. Horaist 90 So. 2d 802 La. 1956
State v. Jeane 78 So. 2d 518 La. 1955

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Latino 138 La. 14
State v. Ducre 173 La. 438
State v. Simpson 216 La. 212
State v. De Soto 221 La. 624
Horn v. Skelly Oil Co. 60 So. 2d 65
State v. Weaver 222 La. 148
Parham v. Maxwell 62 So. 2d 255

Opinion text

MOISE, Justice. The defendant was convicted and sentenced by the court to four years in the-State Penitentiary for the theft of a cow. Article 67.1, Louisiana Criminal Code,, LSA-R.S. 14:67.1. When the appeal was called for hearing, before this Court, none of the Bills of Exception were argued orally, nor has a brief been filed by the defendant. The rule of law is that, under circumstances such as these, the presumption, is that the appeal has been abandoned. State v. Latino, 138 La. 14 , 69 So. 857 : State v. Ducre, 173 La. 438 , 137 So. 745 ; State v. Simpson, 216 La. 212 , 43 So.2d 585 ; State v. De Soto, 221 La. 624 , 60 So.2d 65 ; State v. Weaver, 222 La. 148 , 62 So.2d 255 . *59 This being a criminal case, we have made a most careful examination of the record, and we find no prejudicial error. For the reasons assigned, the conviction and sentence are affirmed.