State v. Blanchard

*940The opinion of the court was delivered by

Fenner, J.

The defendant is prosecuted for an offence denounced by Acts Nos. 5 and 62 of 1892, the penalty for which as prescribed by the law is that, if convicted, he “shall be fined not exceeding $500 or imprisoned not exceeding sixty days, or both, at the- discretion of the court.” He filed a motion to quash the indictment, which was maintained by the judge, and from that judgment the State has appealed.

A motion is made to dismiss the appeal on the ground that the case is not within the appellate jurisdiction of this court. The Constitution, Art. 81,…