State v. Fried

Decided July 11, 1923

Supreme Court of Louisiana · decided 1923-07-11

<p>Appeal from Twenty-Eighth Judicial District Court, Parish of Jefferson; Prentice E. Edrington, Judge.</p> <p>Henry Pried was convicted of wife desertion, and he appeals. On motion to dismiss the appeal.</p>

Cited by 2 later decisions — most recently November 1928

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1923-07-11

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O’NEILL, C. J.

¶1Appellant was convicted of the offense of wife desertion, being a violation of Act 34 of 1902. He was sentenced to pay a fine of $100, or, in default thereof, to be imprisoned in the parish jail for a term not exceeding six months. The state has moved to dismiss the appeal for want of jurisdiction.

¶2According to section 10 of article 7 of the Constitution, this court has jurisdiction in criminal cases only where the penalty of death or imprisonment at hard labor migigt have been imposed, or where a fine exceeding $300 or imprisonment for a term exceeding six months has been actually imposed.

¶3This is not a case in which the penalty of death or imprisonment at hard labor might have been imposed. The penalty prescribed by Act 34 of 1902 is a fine not exceeding $100, or imprisonment in the parish jail for a term not exceeding one year, or both the fine and imprisonment, at the discretion of the judge.

¶4The appeal is dismissed.