State v. Green
State v. Green, 174 So. 2d 644 (La. 1965).
Cited by
- Mississippi Chemical Express, Inc. v. Louisiana Public Service Commission 637 So. 2d 93 La. 1994
- Southern Message Serv. v. LA. PUBLIC SERV. COM'N 554 So. 2d 47 La. 1989
- CTS Enterprises, Inc. v. Public Service Com'n 540 So. 2d 275 La. 1989
- Southern Message Service, Inc. v. Louisiana Public Service Commission 520 So. 2d 734 La. 1988
- Miller Transporters v. Public Serv. Com'n 518 So. 2d 1018 La. 1988
- South Ark. Vacuum Ser. v. La. Pub. Serv. Com'n 457 So. 2d 655 La. 1984
- South Arkansas Vacuum Service of Louisiana, Inc. v. Louisiana Public Service Commission 457 So. 2d 655 La. 1984
- M & G Fleet Serv. v. La. Pub. Serv. Com'n 443 So. 2d 574 La. 1983
- Florane v. Louisiana Public Service Com'n 433 So. 2d 120 La. 1983
- Louisiana & Arkansas Railway Co. v. Louisiana Public Service Commission 410 So. 2d 1118 La. 1982
- Dreher Contracting & Etc. v. La. Public Service Com'n 396 So. 2d 1265 La. 1981
- Central Louisiana Electric Co. v. Louisiana Public Service Commission 370 So. 2d 497 La. 1979
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. Newman 216 La. 236
- State v. Scallan 231 La. 471
- State v. Shushan 204 La. 672
- State v. Brunt 246 La. 99
Opinion text
McCALEB, Justice. The State is appealing from a judgment sustaining a plea of prescription and dismissing the prosecution of an indictment charging defendant with violating R.S. IS :862 — a misdemeanor providing a maximum penalty of $500 or imprisonment for not more than six months, or both. Section 10 of Article 7 of the Constitution, as amended by Act 561 of 1958, in defining the appellate jurisdiction of this Court, provides: “The following cases only shall be appealable to the Supreme Court: i{í í{í ‡ i}i ijc ‡ “(5) Criminal cases in which the penalty of death or imprisonment at hard labor may be imposed, or in which a fine exceeding three hundred dollars or imprisonment exceeding six months has been actually imposed. ‡ sjs jfc í}í ff Since this is a misdemeanor case in which (in view of the dismissal of the prosecution) no penalty has actually been imposed, it is clear that the Court is without appellate jurisdiction, of which we take notice, ex proprio motu. See State v. Newman, 216 La. 236 , 43 So.2d 593 and cases there cited and State v. Scallan, 231 La. 471 , 91 So.2d 761 . Compare State v. Shushan, 204 La. 672 , 16 So.2d 227 and State v. Brunt, 246 La. 99 , 163 So.2d 551 . This appeal is dismissed.