State v. Johnson

O’NIELL, C. j.

The state has appealed from a judgment- quashing an indictment against the defendant .for a misdemeanor. The penalty prescribed by the -statute, for the offense charged, is a fine not exceeding $1,000 or imprisonment in the parish prison for a term not exceeding two years, or both the fine and imprisonment, in the discretion of the judge. The defendant, therefore, has moved to dismiss the appeal for want of jurisdiction. The motion is well founded. This court has not appellate jurisdiction in a criminal case unless it is one in which the penalty of death or imprisonment at hard…