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37 La. Ann. 621

State v. Johnson

Supreme Court of Louisiana

Decided May 15, 1885

Supreme Court of Louisiana · decided 1885-05-15

<p>Tlie rules which regulate tho confection of transcripts of appeal in civil cases, apply alike in criminal cases.</p> <p>A transcript of appeal in a criminal case, which contains no other matters bnt the record of defendant’s motion for a new trial, and which purports to ho such under the certificate of the clerk, is utterly insufficient and cannot sustain an appeal.</p>

Cited by 2 later decisions — most recently November 1932

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1885-05-15

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¶1*622The opinion of the Court was delivered by

Poché, J.

¶2The attorney general’s motion to dismiss this appeal must prevail.

¶3The transcript which the appellant has filed in this Court, does nob contain a copy of the record in the case of the State vs. Richard Johnson, but it is precisely what it purports to be, a copy of the repord of defendant’s motion for a new trial in that case, and the clerk so certifies.

¶4Hence as a transcript it lacks the most essential requisites of such a document. Besides its absolute insufficiency, it bears evidence on its face that it was made, as it is, under the directions of appellant’s counsel. Hence the fault- is clearly imputable to the appellant himself.

¶5The transcript was filed here on the 28th of April last, a timely motion to dismiss was filed, pointing out its fatal defects; appellant’s brief on the merits was filed on May 16, and yet appellant’s counsel has taken no steps looking to the completion of his transcript.

¶6The rules of practice which regulate the confection of transcripts of appeal in civil cases apply alike to transcripts in criminal causes.

¶7Tested under elementary rules of practice, this transcript is too defective to sustain an appeal. Heirs of Hoover vs. York, 33 Ann. 652.

¶8It is, therefore, ordered, that the present appeal be dismissed.

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