State v. Baxter
This text of 343 So. 2d 733 (State v. Baxter) 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.
Opinion
This case involves an appeal by defendant Mitchell Baxter, prior to sentencing, from a denial of a motion for a new trial. The appellate jurisdiction of this Court, however, does not extend to such matters. Where, as in the instant case, a defendant has been convicted of a felony, he may appeal to the supreme court only from a final judgment, i. e. following the imposition of sentence. La.Const. art. 5, § 5(D) (1974); La.C.Cr.P. arts. 912, 912.1.
Accordingly the appeal is dismissed as premature.
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Cite This Page — Counsel Stack
343 So. 2d 733, 1977 La. LEXIS 6195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-baxter-la-1977.