State v. Joseph

Decided January 15, 1888

Supreme Court of Louisiana · decided 1888-01-15

A PPEAL from the Thirteenth District Court, Parish of St. Landry, i\ Bstilette} J. 1. An appeal in a criminal case filed within three judicial days after the expiration of the ten days allowed by law, will not be dismissed. State vs. Francis, 38 Ann. 464. 2.

Good law ✅— No negative treatment on recordhow we know

Decided 1888-01-15

How this case has been cited

Cited by 10 later decisions — most recently April 1942

1 district · 9 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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¶1Motion to Dismiss.

¶2The opinion of the Court was delivered by

Todd, J.

¶3This appeal is taken by the State from a judgment sustaining a motion in arrest of judgment in a prosecution of the defendant for murder, resulting in his conviction of manslaughter.

¶4There is a motion to dismiss the appeal on the ground that the transcript of appeal was not filed in ten days after the order of appeal was granted.

¶5The appeal was granted on the 17th of November, 1887. The transcript was filed on the 30th, same month. The ten days expired on the 27th of November and the filing of the transcript was within three days thereafter, which was in time. State vs. Corcoran, 38 Ann. 950. State vs. Butler, 38 Ann. 392. State vs. Hampton, 33 Ann. 1252.

¶6The motion to dismiss is therefore refused.