State v. Patterson

Supreme Court of Louisiana

State v. Patterson

34 So. 2d 344, 213 La. 38, 1948 La. LEXIS 825

CourtSupreme Court of Louisiana

DecidedFebruary 16, 1948

DocketNo. 38600.

StatusPublished

This text of 34 So. 2d 344 (State v. Patterson) 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. Patterson, 34 So. 2d 344, 213 La. 38, 1948 La. LEXIS 825 (La. 1948).

Pincite

Opinion

PONDER, Justice.

The State is appealing from the judgment of the lower court sustaining a plea of former jeopardy and discharging the defendants.

The defendants were charged with operating a place of public entertainment in which lewd dancing is permitted. The offense is denounced by Act No. 241 of 1942. The offense is a misdemeanor and the penalty provided for in the act does not authorize the imposition of imprisonment at hard labor.

Under the provisions of Section 10 of Article 7 of the Constitution, our appellate jurisdiction does not extend to misdemeanors, where imprisonment at hard labor cannot be imposed, except where a fine exceeding $300, or imprisonment exceeding six months, has actually been imposed.

For the reasons assigned, the.appeal is dismissed.

O’NIELL, C. J., absent.

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