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State v. Breaux

Supreme Court of Louisiana
State v. Breaux, 143 La. 653 (La. 1918)
79 So. 209
Sommerville

State v. Breaux

Opinion of the Court

SOMMERVILLE, J.

The defendant appeals from sentence imposed upon him of a fine of $35, or, in default, to serve 40 days in jail.

[1,2] The case is not within the jurisdiction of this court. State v. Dunn, 105 La. 355, 29 South. 934; State v. Hunter, 114 La. 939, 38 South. 686; State v. Desimone, 143 La. 505, 78 South. 751.

Defendant moved to quash the bill of information against him on the ground that Act 50, 1892, p. 71, making it a misdemeanor to violate labor contracts, was unconstitutional. The motion was overruled, and the statute was declared to be constitutional. No appeal lies in such case. State v. Dunn, 105 La. 355, 29 South. 934; State v. Hunter, 114 La. 939, 38 South. 686; State v. Murray, 116 La. 655, 40 South. 930, 7 Ann. Cas. 957.

The appeal is dismissed.

Reference

Full Case Name
STATE v. BREAUX
Cited By
2 cases
Status
Published
Syllabus
(Syllabus by the Court.) 1. Criminal Law &wkey;»1020 — Louisiana Supreme Court — Appellate Jurisdiction — Amount. The court has not appellate jurisdiction in criminal cases where a fine exceeding $300, or imprisonment exceeding six months, has not been imposed. 2. Courts The Supreme Court is without jurisdiction in a criminal case where a law of the state has been declared to be constitutional.
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