State v. Fowler

Decided November 17, 1913

Supreme Court of Louisiana · decided 1913-11-17

<p>Appeal from Twelfth Judicial District Court, Parish of Vernon; James G. Palmer, Judge.</p> <p>Abb Powler was convicted of crime, and appeals.</p>

Cited by 2 later decisions — most recently February 1949

2 state decisions

Relies on State v. Rollins

Good law ✅— No negative treatment on recordhow we know

Dismissed · Decided 1913-11-17

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SOMMERVILLE, J.

¶1The state moves to dismiss this appeal, for the reason that it was not asked for within the delay allowed by law.

¶2The sentence in this case was pronounced on • Monday, April 26, 1913, and the motion for appeal was filed on Monday, May 5, 1913, more than three days after sentence.

The law is:

“That appeals to the Supreme Court in criminal cases, allowable under the Constitution of 1898 [article 85], shall be taken by motion, either verbally or in writing, in open court, within three days after the sentence shall have been pronounced.” Act No. 108 of 1898, § 1, p. 155; State v. Rollins, 125 La. 297, 51 South. 204.

The appeal is dismissed.