State v. Fried

Supreme Court of Louisiana

State v. Fried

97 So. 588, 154 La. 401, 1923 La. LEXIS 1944

CourtSupreme Court of Louisiana

DecidedJuly 11, 1923

DocketNo. 25899

StatusPublished

Cited by1 cases

This text of 97 So. 588 (State v. Fried) 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. Fried, 97 So. 588, 154 La. 401, 1923 La. LEXIS 1944 (La. 1923).

Pincite

Opinion

O’NEILL, C. J.

Appellant was convicted of the offense of wife desertion, being a violation of Act 34 of 1902. He was sentenced to pay a fine of $100, or, in default thereof, to be imprisoned in the parish jail for a term not exceeding six months. The state has moved to dismiss the appeal for want of jurisdiction.

According to section 10 of article 7 of the Constitution, this court has jurisdiction in criminal cases only where the penalty of death or imprisonment at hard labor migigt have been imposed, or where a fine exceeding $300 or imprisonment for a term exceeding six months has been actually imposed.

This is not a case in which the penalty of death or imprisonment at hard labor might have been imposed. The penalty prescribed by Act 34 of 1902 is a fine not exceeding $100, or imprisonment in the parish jail for a term not exceeding one year, or both the fine and imprisonment, at the discretion of the judge.

The appeal is dismissed.

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