State v. Vaughn

Decided February 25, 1918

Supreme Court of Louisiana · decided 1918-02-25

McIntosh, Judge. Sam Vaughn was convicted of manslaughter, and thereafter the district attorney, discovering that accused had not been arraigned, obtained an order setting aside the judgment of conviction, and on a retrial defendant’s plea of former jeopardy was sustained, and he was discharged, and the State appeals.

Relies on State v. Holt · 43 La. Ann. 509 - State v. Jolivette

Appeal dismissed · Decided 1918-02-25

SOMMERVILLE, J.

¶1The order granting the appeal to the state in this case made it returnable to this court on December 29, 1917. The transcript was not filed until •January 7, 1918, more than three days after the return day. No extension of time was asked for or granted, and no showing was made why the transcript was not filed at the proper time. It was filed too late. The appeal will be considered to have been abandoned, and the court, of its own motion, will dismiss it. State v. Jolivette, 43 La. Ann. 509, 9 South. 121; Marr’s Criminal Jurisprudence, p. 893; State v. Holt, 129 La. 1077, 57 South. 523.

¶2Appeal dismissed.