State v. Joseph
Supreme Court of Louisiana
A PPEAL from the Thirteenth District Court, Parish of St. Landry, i\ Bstilette} J. 1. An appeal in a criminal case filed within three judicial days after the expiration of the ten days allowed by law, will not be dismissed.
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A PPEAL from the Thirteenth District Court, Parish of St. Landry, i\ Bstilette} J. 1. An appeal in a criminal case filed within three judicial days after the expiration of the ten days allowed by law, will not be dismissed. State vs. Francis, 38 Ann. 464. 2. When a conviction of manslaughter is had upon an indictment for murder and judgment ia arrested on the ground that on the face of the indictment the offense is prescribed, the case should be remanded without prejudice to the rights of the State to a legal prosecution, if it ia shown that an erroneous allegation had been made in the…
1Opinion of the Court
Motion to Dismiss.
The opinion of the Court was delivered by
Todd, J.
This appeal is taken by the State from a judgment sustaining a motion in arrest of judgment in a prosecution of the defendant for murder, resulting in his conviction of manslaughter.
There is a motion to dismiss the appeal on the ground that the transcript of appeal was not filed in ten days after the order of appeal was granted.
The appeal was granted on the 17th of November, 1887. The transcript was filed on the 30th, same month. The ten days expired on the 27th of November and the filing of the transcript was within three…
2Cited by12 opinions
- Johnson v. StateSupreme Court of Florida · 1891
- State v. BischoffSupreme Court of Louisiana · 1919
- State v. BrossetteSupreme Court of Louisiana · 1927
- State v. HoffmanSupreme Court of Louisiana · 1908
- State v. FoleySupreme Court of Louisiana · 1904
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