State v. Green

McCALEB, Justice.

The State is appealing from a judgment sustaining a plea of prescription and dismissing the prosecution of an indictment charging defendant with violating R.S. IS :862 — a misdemeanor providing a maximum penalty of $500 or imprisonment for not more than six months, or both.

Section 10 of Article 7 of the Constitution, as amended by Act 561 of 1958, in defining the appellate jurisdiction of this Court, provides:

“The following cases only shall be appealable to the Supreme Court:

i{í í{í ‡ i}i ijc ‡

“(5) Criminal cases in which the penalty of death or imprisonment at hard labor may…