State v. Fairbanks
Supreme Court of Louisiana
Appeal from Eighth Judicial District Court, Parish of Catahoula; David Newton Thompson, Judge. O. W. Fairbanks was convicted of crime, and appeals.
1Opinion of the Court
On Motion to Dismiss.
2Per curiam
The Attorney General, setting forth correctly that the appeal was taken on the 3d day of May, 1905, whilst the court was not in session, and that the court had adjourned sine die on the 29th of the month preceding, moves to dismiss the appeal.
The defendant has three days within which to move for an appeal. He was not allowed the time required. He properly applied for the appeal within the three days. The court, under the Constitution, is ordered to hold continuous sessions. The order of appeal could be entered during its session within the time mentioned.
It is for the…
3Cited by5 opinions
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