State v. Brown's Thrift City Ethical Pharmacy, Inc.

Supreme Court of Louisiana

State v. Brown's Thrift City Ethical Pharmacy, Inc.

233 So. 2d 531, 255 La. 827, 1970 La. LEXIS 3990

CourtSupreme Court of Louisiana

DecidedMarch 30, 1970

DocketNo. 50011

StatusPublished

Cited by1 cases

This text of 233 So. 2d 531 (State v. Brown's Thrift City Ethical Pharmacy, Inc.) 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. Brown's Thrift City Ethical Pharmacy, Inc., 233 So. 2d 531, 255 La. 827, 1970 La. LEXIS 3990 (La. 1970).

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Opinion

BARHAM, Justice.

The defendant, Brown’s Thrift City Ethical Pharmacy, Inc., was charged by bill of information with selling one gallon of paint on Sunday, in violation of R.S. 51:194 which forbids the sale on Sunday of certain merchandise including “building supply materials”. After the judge overruled a motion to quash which alleged the unconstitutionality of R.S. 51:194, the defendant was tried, convicted, and sentenced to pay a fine of $100.00 and costs, the maximum penalty for a first violation of this statute. It has appealed to this court.

Since the defendant was tried for a misdemeanor and sentenced to pay a fine which does not exceed $300.00, and since the statute was not held unconstitutional by the trial court,-this court is without appellate jurisdiction, and we take notice of- this ex' proprio motu. La.Const. of 1921, Art. 7, Sec. 10(2), (5); State v. Ginalva, 165 La. 304, 115 So. 571; State v. Boothe, 227 La. 847, 80 So.2d 437; State v. Smith, 254 La. 78, 222 So.2d 864; State v. Murphy, 254 La. 873, 227 So.2d 915.

The appeal is accordingly dismissed.

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BARHAM, Justice.

The defendant, Brown’s Thrift City Ethical Pharmacy, Inc., was charged by bill of information with selling one gallon of paint on Sunday, in violation of R.S. 51:194 which forbids the sale on Sunday of certain merchandise including “building supply materials”. After the judge overruled a motion to quash which alleged the unconstitutionality of R.S. 51:194, the defendant was tried, convicted, and sentenced to pay a fine of $100.00 and costs, the maximum penalty for a first violation of this statute. It has appealed to this court.

Since the defendant was tried for a misdemeanor and sentenced to pay a fine which does not exceed $300.00, and since the statute was not held unconstitutional by the trial court,-this court is without appellate jurisdiction, and we take notice of- this ex' proprio motu. La.Const. of 1921, Art. 7, Sec. 10(2), (5); State v. Ginalva, 165 La. 304, 115 So. 571; State v. Boothe, 227 La. 847, 80 So.2d 437; State v. Smith, 254 La. 78, 222 So.2d 864; State v. Murphy, 254 La. 873, 227 So.2d 915.

The appeal is accordingly dismissed.

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Bluebook (online)

233 So. 2d 531, 255 La. 827, 1970 La. LEXIS 3990, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-browns-thrift-city-ethical-pharmacy-inc-la-1970.

Opinion

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