State v. Welch

Supreme Court of Louisiana June 10, 1907

State v. Welch, 119 La. 362 (La. 1907)

44 So. 127; 1907 La. LEXIS 484

Provosty

Opinion of the Court

PROVOSTY, J.

Defendant was convicted, under Act No. 46, p. 61, of 1906, of soliciting *363and receiving orders for the purchase of intoxicating liquors within the limits of the parish of Washington, a parish in which the sale of intoxicating liquors is prohibited, and was sentenced to pay a fine of $50, and he has appealed, and the state has moved to dismiss the appeal on the ground that this court is without jurisdiction of the case.

Criminal cases are appealable to this court only where the penalty of imprisonment in the penitentiary may be imposed, or a fine exceeding $300 has been actually imposed, or when a statute has been declared to be unconstitutional. This case presents none of these features.

Appeal dismissed.

Reference

Full Case Name: STATE v. WELCH
Cited By: 1 case
Status: Published
Syllabus: Criminal Law — Jurisdiction on Appeal-Supreme Court. In a criminal case, where the punishment could not have been imprisonment in the penitentiary, and a fine of $300 has not been imposed, and a statute has not been declared to be unconstitutional, this court has no jurisdiction. [Ed. Note. — For cases in point, see Cent. Dig. vol. 15, Criminal Law, §§ 2572Í-2580.] (Syllabus by the Court.)