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133 La. 496

State v. Saucier

Supreme Court of Louisiana

Decided December 1, 1913

Supreme Court of Louisiana · decided 1913-12-01

<p>Appeal from First Judicial District Court, Parish of Caddo; John R. Land, Judge.</p> <p>J. It Saucier was indicted for theft. From an order quashing the indictment, the State appeals.</p>

Cited by 2 later decisions — most recently February 1973

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1913-12-01

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BREAUX, C. J.

¶1Attorneys for defendant move to dismiss the appeal on the ground and for the reason that the transcript was not filed in time, and the appeal has been abandoned by the state.

¶2The facts are that the accused was indicted on July 6, 1913, for the alleged theft of a cow. The case was called for trial on July 27, 1913. In time before trial defendant filed a motion to quash on the ground that the act under which he was prosecuted, viz., Act 107 of 1902, had been repealed.

¶3The motion was sustained, and the indictment quashed.

¶4The district attorney took a bill of exceptions to the court’s ruling.

¶5The order of appeal was moved for and obtained in July, 1913. It was made returnable on the 30th day of August, 1913.

¶6The transcript was only filed in this court on the 20th day of October, 1913.

¶7Manifestly the transcript was not filed in time.

¶8The appeal is therefore dismissed.

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