State v. Desimone

Supreme Court of Louisiana April 29, 1918

State v. Desimone, 143 La. 505 (La. 1918)

78 So. 751; 1918 La. LEXIS 1665

Leche, Niell

Dissenting Opinion

O’NIELL, J.,

dissents for the reasons given in his dissenting opinion in State v. Mitchell, 69 South. 852, and in his concurring opinion in State v. Authement, 72 South. 741.

Opinion of the Court

LECHE, J.

The accused appeals from a sentence imposing upon him, a fine of $250 and imprisonment in the parish jail for six months, and in case of his failure to pay the .fine three months additional in the parish jail. The case is not within our jurisdiction. Upon the suggestion of the Attorney General and for the same reasons given in the cases of State v. Hamilton, 128 La. 92, 54 South. 482, and State v. Mitchell, 137 La. 1098, 69 South. 851, the appeal is dismissed.

Reference

Full Case Name: STATE v. DESIMONE
Cited By: 4 cases
Status: Published
Syllabus: (Syllabus by Editorial Staff.) Criminal Law Under Const, art. 85, giving the Supreme Court appellate jurisdiction on questions of law in criminal eases, where an imprisonment exceeding six months is “actually imposed,” the court has no jurisdiction on appeal from a sentence imposing a fine of $250 and imprisonment for six months and upon failure to pay the fine three months’ additional imprisonment, as more than six months’ imprisonment was not “actually imposed.” O’Niell, J., dissenting.