Supreme Court of Louisiana, 1932

State v. Montgomery

State v. Montgomery
Supreme Court of Louisiana · Decided October 31, 1932 · Overton
144 So. 433; 175 La. 727; 1932 La. LEXIS 1892 (Southern Reporter)
State v. Montgomery

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

OVERTON, J.

Defendant appeals from a sentence imposed of $250, and, in default of payment, of four months in jail, for carrying concealed weapons.

Since the offense is one punishable by fine or imprisonment in the parish jail (Act No. 43 of 1906), and since the penalty actually imposed does not exceed $300 or six months in the parish jail, the motion filed to dismiss the appeal must be sustained. Const. 1921, art. 7, § 10; State v. Hamilton, 128 La. 91, 54 So. 482; State v. Mitchell, 137 La. 1098, 69 So. 851; State v. Desimone, 143 La. 505, 78 So. 751.

The appeal is dismissed.

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