On Motion to Dismiss Appeal.

Defendant was convicted’ of soliciting and receiving orders for the sale of spirituous liquors, in the parish of Washington, where the sale of such liquors-is prohibited. The state moves to dismiss the appeal, and the motion must be sustained. The utmost penalty that could have-been imposed would have been a fine of $100’ and imprisonment, without hard labor, for 6 months (Act No. 46, p. 61, of 1906), and the penalty actually imposed was a fine of $50 and costs, or, in the alternative, imprisonment, without hard labor, for 30 days. This court is therefore without jurisdiction of the appeal from either point of view, or *447from any other point that suggests itself or has been suggested. Const, art. 85.

It is therefore adjudged that the appeal herein be dismissed.