State v. . Parish

Pee Curiam :

The defendant attempted to appeal in forma pauperis. The affidavits were such as required by the statute (Revisal, sec. 3278), but the order allowing the appeal without giving bond was not signed by the judge, as required by Revisal, sec. 3279, but by the clerk. This latter is allowable only as to appeals in civil cases. Revisal, sec. 597.

Unless the requirements of the statute, both as to time and manner, are complied with, the appeal is not in this Court. The defect is jurisdictional, and we have no power to allow amendments, and the appellee has a right to have the appeal…