State v. Durvall

Supreme Court of Louisiana
State v. Durvall, 136 La. 32 (La. 1914)
66 So. 387; 1914 La. LEXIS 1890
Provosty

State v. Durvall

Opinion of the Court

PROVOSTY, J.

Dora Murff, one of the accused herein, was indicted for murder and convicted of manslaughter and sentenced. On appeal to this court the judgment was affirmed. The case was then carried, on writ of error, to the Supreme Court of the United States (238 U. S. -, 36 Sup. Ct. -, 60 L. Ed. -), where it is now pending. ' She applies to this court for bail, alleging that by her conviction for manslaughter she was acquitted of murder, that manslaughter is bailable, that she is in jail, and that the writ of error will not be passed on before two years.

This court, having only appellate jurisdiction (Const, art. S5), cannot entertain the application, as the .acting upon it would involve the exercise of original jurisdiction.

The application is therefore denied, at the cost of applicant.

Reference

Full Case Name
STATE v. DUVALL In re MURFF
Status
Published
Syllabus
(Syllabus by Editorial Staff.) Bail The Supreme Court, having only appellate jurisdiction, under Const, art. 85, may not admit to bail an,accused pending an appeal from the affirmance of a conviction to the Supreme Court of the United States. [Ed. Note. — For other cases, see Bail, Cent. Dig. §§ 165-183, 257; Dec. Dig. &wkey;47.]