State v. Vaughn
Supreme Court of Louisiana
State v. Vaughn, 142 La. 1075 (La. 1918)
78 So. 121; 1918 La. LEXIS 1486
Sommerville
State v. Vaughn
Opinion of the Court
The order granting the appeal to the state in this case made it returnable to this court on December 29, 1917. The transcript was not filed until •January 7, 1918, more than three days after the return day. No extension of time was asked for or granted, and no showing was made why the transcript was not filed at the proper time. It was filed too late. The appeal will be considered to have been abandoned, and the court, of its own motion, will dismiss it. State v. Jolivette, 43 La. Ann. 509, 9 South. 121; Marr’s Criminal Jurisprudence, p. 893; State v. Holt, 129 La. 1077, 57 South. 523.
Appeal dismissed.
Reference
- Full Case Name
- STATE v. VAUGHN
- Status
- Published
- Syllabus
- (Syllabus by the Court.) 'Chiminal Law An appellant will be considered to have abandoned his appeal when the transcript has not been filed on or before the return day, or within the delay allowed after the return day, •except where an extension of time has been asked for and has been granted.