State v. Kelly

The state has moved to dismiss the appeal in this case on the ground that this court is without jurisdiction.

The motion must prevail. Section 10, art. 7, of the Constitution of 1921, provides that:

“The appellate jurisdiction of the Supreme Court shall also extend to criminal cases on questions of law alone, whenever the penalty of death, or imprisonment at hard labor may be imposed; or where a fine exceeding three hundred dollars or imprisonment [at hard labor] exceeding six months has been actually imposed.” (Italics ours.)

Defendant was prosecuted for larceny of property valued at $19. He…