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138 La. 656

State v. Sharp

Supreme Court of Louisiana

Decided January 10, 1916

Supreme Court of Louisiana · decided 1916-01-10

F. Brunot, Judge. Ed. Sharp was convicted of violating a police jury ordinance requiring the dipping of cattle exposed to or infected with the cattle fever tick, and appeals.

Relies on State v. Wilkins · State v. Johnson

Appeal dismissed · Decided 1916-01-10

¶1On Motion to Dismiss Appeal.

LAND, J.

¶2Defendant was convicted of violating the provision of a police jury ordinance providing for the compulsory dipping of cattle that are exposed to or are infected with the cattle fever tick.

¶3Defendant demurred to the charge on the ground that the ordinance was illegal and unconstitutional. The demurrers wfere overruled, and on the trial of the merits the defendant was foimd guilty, but sentence was *657suspended. Defendant has appealed, and the state has moved to dismiss this appeal on several grounds.

¶4This court, on its own motion, takes notice that the defendant has not been sentenced. Hence the appeal must be dismissed. See Hennen’s Digest, vol. 1, p. 414 (d) 2, 3, 4, 7, 9, 12; State v. Johnson, 36 La. Ann. 306; State v. Wilkins, 37 La. Ann. 62.

¶5Act No. 74 of 1914, relative to the suspension of sentence, expressly provides that, if sentence is suspended, neither the verdict of conviction nor the judgment entered thereon shall become final, except upon the conviction of the defendant of another felony or misdemeanor.

¶6The appeal herein is premature, and therefore is dismissed.

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