State v. Smith

Decided March 15, 1887

Supreme Court of Louisiana · decided 1887-03-15

<p>This Court has no jurisdiction of a criminal case wherein a fine of three hundred dollars has not been actually imposed ; and when the crime charged is not punishable with im • prisonment at hard labor in the penitentiary. State vs. J. Mack Smith, recently de cided, is affirmed.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1887-03-15

How this case has been cited

Cited by 4 later decisions — most recently December 1949

4 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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¶1The, opinion of the Court was delivered by

Watkins, J.

¶2The State, appeals from a judgment quashing an in - dictment against the accused for retailing liquor without a license, contrary to the provisions of R. S. Sec. 910, on the exception of the accused to the effect that same, was repealed by Act 83 of 1886.

¶3'Phe penalty provided for such a.n offense, is a fine of not less than *321one, nor more than five hundred dollars, and, in default of payment, imprisonment of not less than fifteen days, nor more than four months.

¶4No fino has been actually imposed ; and the accused could not, under the law, be sentenced to imprisonment at hard labor. Hence, this Court has no jurisdiction of the appeal, and appellee’s motiou to disniiss the appeal is sustained. State vs. J. Mack Smith, just decided and unreported, is affirmed.

¶5Appeal dismissed.