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175 La. 727

144 So 433

State v. Montgomery

Supreme Court of Louisiana

Decided October 31, 1932

Supreme Court of Louisiana · decided 1932-10-31

Cited by 2 later decisions — most recently May 1967

2 state decisions

Relies on State v. Mitchell · State v. Hamilton · State v. Desimone

Good law ✅— No negative treatment on recordhow we know

Decided 1932-10-31

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OVERTON, J.

¶1 Defendant appeals from a sentence imposed of $250, and, in default of payment, of four months in jail, for carrying concealed weapons.

¶2 Since the offense is one punishable by fine or imprisonment in the parish jail (Act No. 43 of 1906), and since the penalty actually imposed does not exceed $300 or six months in the parish jail, the motion filed to dismiss the appeal must be sustained. Const. 1921, art. 7, § 10; State v. Hamilton, 128 La. 91, 54 So. 482; State v. Mitchell, 137 La. 1098, 69 So. 851; State v. Desimone, 143 La. 505, 78 So. 751.

¶3 The appeal is dismissed.

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