State v. Corcoran
Supreme Court of Louisiana
APPEAL from the Criminal District Court for the Parish of Orleans. Balcer, J. ON MOTION TO DISMISS. A transcript of appeal in criminal cases must he filed within ten clays after granting the order of appeal. The Code of Practice does not regulate criminal proceedings.
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APPEAL from the Criminal District Court for the Parish of Orleans. Balcer, J. ON MOTION TO DISMISS. A transcript of appeal in criminal cases must he filed within ten clays after granting the order of appeal. The Code of Practice does not regulate criminal proceedings. Article 589 evidently refers to civil matters. 31 Ann. 1171; 31 Ann. 805; 31 Ann. 483; 6 Ann. 653; 13 Ann. 491; 14 Ann. 469; 36 Ann. 310; 37 Ann. 62; 32 Ann. 1268; Sec. 4, Act 30 of 1878. ON MERITS. 1. A declaration hy the deceased before the homicide, but having no casual connection with any immediate act produced hy the fatal…
1Opinion of the Court
On Motion to Dismiss.
The opinion of the Court was delivered by
Todd, J.
There is a motion to dismiss the appeal on the ground that the transcript was not filed within ten days from the date of the order granting the appeal.
The order was granted on the 17th of May, and the transcript was filed on the 26th, same month.
This court lias held that an appeal in a criminal case will not be dismissed on the ground that the transcript has not been filed on the return day, if it appears that it was filed within three judicial days thereafter. State vs. Hampton, 33 Ann. 1252; State vs. Butler, 35 Ann. 392.
T…
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