State v. Corcoran

Decided December 15, 1886

Supreme Court of Louisiana · decided 1886-12-15

Balcer, J. ON MOTION TO DISMISS. A transcript of appeal in criminal cases must he filed within ten clays after granting the order of appeal. The Code of Practice does not regulate criminal proceedings. Article 589 evidently refers to civil matters. 31 Ann. 1171; 31 Ann. 805; 31 Ann. 483; 6 Ann. 653; 13 Ann. 491; 14 Ann. 469; 36 Ann. 310; 37 Ann. 62; 32 Ann. 1268; Sec. 4, Act 30 of 1878. ON MERITS. 1.

Good law ✅— No negative treatment on recordhow we know

Decided 1886-12-15

How this case has been cited

Cited by 7 later decisions — most recently November 1951

7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1On Motion to Dismiss.

¶2The opinion of the Court was delivered by

Todd, J.

¶3There is a motion to dismiss the appeal on the ground that the transcript was not filed within ten days from the date of the order granting the appeal.

¶4The order was granted on the 17th of May, and the transcript was filed on the 26th, same month.

¶5This court lias held that an appeal in a criminal case will not be dismissed on the ground that the transcript has not been filed on the return day, if it appears that it was filed within three judicial days thereafter. State vs. Hampton, 33 Ann. 1252; State vs. Butler, 35 Ann. 392.

¶6The motion to dismiss is therefore refused.