State v. Phelps
Supreme Court of Louisiana
Appeal from Twenty-Sixth Judicial District Court, Parish of Washington; Thos. M. Burns, Judge. Bob and Henry Phelps were indicted for cutting and removing timber from the lands of another. From a judgment quashing the indictment, the State appeals.
1Opinion of the Court
SOMMERV1LLE, J.
The state appeals from a judgment quashing an indictment charging defendants with having cut and removed growing timber from lands belonging to another.
Defendants move to dismiss the appeal on two grounds:
[1] First. That the transcript was not filed on the return day, in accordance with law. The order of the trial judge granting the appeal of the state makes said appeal “returnable according to law.” The transcript *402was filed within 60 days, and the appeal will not be dismissed on this first ground. The decision in Hays v. Mayer, 117 La. 1067, 42 South. 505, State v. Augustus,…
2Cases cited5 opinions
- State v. AugustusSupreme Court of Louisiana · 1911
- Hays v. MayerSupreme Court of Louisiana · 1906
- State v. MajorsSupreme Court of Louisiana · 1912
- State v. KaloneSupreme Court of Louisiana · 1903
- State v. NormandSupreme Court of Louisiana · 1903
3Cited by4 opinions
- Louisiana Ry. & Nav. Co. v. Baton Rouge BrickyardSupreme Court of Louisiana · 1915
- State v. HarrisonSupreme Court of Louisiana · 1923
- State v. JohnsonSupreme Court of Louisiana · 1933
- State v. RigmaidenSupreme Court of Louisiana · 1914