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44 La. Ann. 975

State v. Jackson

Supreme Court of Louisiana

Decided October 15, 1892

Supreme Court of Louisiana · decided 1892-10-15

<p>1. Where an appeal is taken from a judgment forfeiting a bond, after the final adjournment of the court which rendered the judgment, the appeal will be dismissed.</p> <p>2. Where the appellant suggests an improper return day and place for the appeal, the error is imputable to him and the appeal will be dismissed.</p>

Decided 1892-10-15

¶1On Motion to'Dismiss.

¶2The opinion of the court was delivered by

McEnery, J.

¶3This is an appeal taken from a judgment forfeiting an appearance bond, and is" therefore a proceeding in a criminal case.

¶4The order of appeal was granted and the appeal taken after the adjournment of the court which rendered the judgment forfeiting the bond.

¶5The principle is now well established that an appeal from a judgment forfeiting a bond must be taken at the term of court in which the judgment was rendered. It' will be dismissed if taken after the term of the court which rendered it. State vs. Joseph, 38 An. 33.

¶6The appeal is made returnable at Monroe, the second Monday of June, 1893.

¶7This error in the order is imputable to the appellant, as the return day was made at his suggestion. This also is a sufficient ground for the dismissal of the appeal. State vs. Jenkins, 36 An. 865; 38 An. 33; 38 An. 363.

¶8The appeal is dismissed.

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