State v. Peters

Supreme Court of Louisiana October 29, 1917

State v. Peters, 142 La. 250 (La. 1917)

76 So. 703; 1917 La. LEXIS 1661

Sty

Opinion of the Court

PROVO STY, J.

The learned counsel for accused admits that the punishment imposed in this case is not sufficient to bring the case within the jurisdiction of this court, but he contends that the sentence in the other case at this time before the court against the same accused (No. 22,805, 76 South. 7021) 0n a like charge is sufficient for jurisdiction, and that the two cases ought to be taken together. The other case is in no way involved in the present one; hence the sentence in it cannot serve as a basis for jurisdiction in the present one.

Appeal dismissed.

See dissenting opinion of O’NIELL, J., 76 South. 703.

Ante, p. 249,

Reference

Full Case Name: STATE v. PETERS
Status: Published
Syllabus: (Syllabus by Editorial Staff.) Criminal Law 1020 — Appeal—Jurisdiction — Extent op Penalty. Where the punishment imposed in a criminal case is not sufficient to bring it within the jurisdiction of the Supreme Court, that court cannot take jurisdiction because of the pendency of another case in which the sentence imposed is sufficient for jurisdiction; the other case being in no way involved in the present case. O’Niell, J., dissenting.