State v. Allen

Supreme Court of Louisiana

State v. Allen

236 So. 2d 490, 256 La. 341, 1970 La. LEXIS 3686

CourtSupreme Court of Louisiana

DecidedJune 8, 1970

DocketNo. 50200

StatusPublished

Cited by1 cases

This text of 236 So. 2d 490 (State v. Allen) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Allen, 236 So. 2d 490, 256 La. 341, 1970 La. LEXIS 3686 (La. 1970).

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Opinion

SUMMERS, Justice.

Appellant Gent G. Allen was prosecuted by bill of information for having committed aggravated assault on July 12, 1969 upon the person of Jack D. Hutchinson. The statute defining the offense and providing the penalty is Article 37 of the Louisiana Criminal Code:

Aggravated assault is an assault committed with a dangerous weapon.

Whoever commits an aggravated assault shall be fined not more than three hundred dollars, or imprisoned for not more than six months, or both.

Appellant was tried, convicted and sentenced to serve six months in jail. His appeal to this Court was granted. The district attorney filed a motion to dismiss, alleging that this Court had no jurisdiction, for the Constitution limits the appellate jurisdiction of the Court to “Criminal cases in which the penalty of death or imprisonment at hard labor may be imposed, or in which a fine exceeding three hundred dollars or imprisonment exceeding six months has been actually imposed.” La.Const. art 7 § 10 (emphasis added).

The appeal should be dismissed on the grounds set forth in the motion: the im[343]*343prisonment does not exceed six months. Appellant’s remedy, if any, is to apply to this Court for writs under our supervisory jurisdiction.

Appeal dismissed.

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SUMMERS, Justice.

Appellant Gent G. Allen was prosecuted by bill of information for having committed aggravated assault on July 12, 1969 upon the person of Jack D. Hutchinson. The statute defining the offense and providing the penalty is Article 37 of the Louisiana Criminal Code:

Aggravated assault is an assault committed with a dangerous weapon.

Whoever commits an aggravated assault shall be fined not more than three hundred dollars, or imprisoned for not more than six months, or both.

Appellant was tried, convicted and sentenced to serve six months in jail. His appeal to this Court was granted. The district attorney filed a motion to dismiss, alleging that this Court had no jurisdiction, for the Constitution limits the appellate jurisdiction of the Court to “Criminal cases in which the penalty of death or imprisonment at hard labor may be imposed, or in which a fine exceeding three hundred dollars or imprisonment exceeding six months has been actually imposed.” La.Const. art 7 § 10 (emphasis added).

The appeal should be dismissed on the grounds set forth in the motion: the im[343]*343prisonment does not exceed six months. Appellant’s remedy, if any, is to apply to this Court for writs under our supervisory jurisdiction.

Appeal dismissed.

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Bluebook (online)

236 So. 2d 490, 256 La. 341, 1970 La. LEXIS 3686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-allen-la-1970.

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