State v. Heuchert

The opinion of the court was delivered by

Bermudez, C. J.

The defendant complains that the clerk of this court refuses to file the transcript of appeal herein unless a deposit in money, to cover the costs, be previously made. He insists that under the provisions of Act No. 16 of 1884, amending Sec. 1042 of the Revised Statutes, no such prerequisite is allowed to be asked.

The answer of the clerk to the rule on him denies that this case is a criminal case, and avers that it is a civil case, in which the deposit should be made.

The mover states that he was prosecuted, convicted and sentenced by a…