Legal Opinion

State v. Melancon

Supreme Court of Louisiana

Decided February 28, 1927No. 28429PublishedCited by 10 opinions

1Opinion of the CourtThompson, J.

The defendant was tried under an indictment charging him with the crime of assault with intent'to commit rape.

The jury returned a verdict of guilty of simple assault.

Whereupon he was sentenced to pay a fine of $25 and to serve 30 days in the parish jail.

The Attorney General has filed a motion to dismiss the appeal, for the reason that the sentence imposed is not within the appellate jurisdiction of this court.

The motion is not well taken.

The charge for which defendant was tried is punishable by imprisonment with or without hard labor not exceeding 20 years. R. S. § 792.

In all such cases it is…

2Cases cited2 opinions

  1. State v. BillotSupreme Court of Louisiana · 1923
  2. State ex rel. Gabriel v. Judge of the Twenty-second Judicial District CourtSupreme Court of Louisiana · 1881

3Cited by10 opinions

  1. Beausoliel v. United StatesCourt of Appeals for the D.C. Circuit · 1939
  2. Buck Wilcoxon v. United StatesCourt of Appeals for the Tenth Circuit · 1956
  3. People v. DuffyCalifornia Court of Appeal · 1930
  4. Sewall v. Spinney Creek Oyster Co., Inc.Supreme Judicial Court of Maine · 1980
  5. Trigueiro v. SkowCalifornia Court of Appeal · 1937

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