State v. Kennedy

LAND, Justice.

Defendant was found guilty of the crime of forgery of a check for $108.40, and was sentenced to the State Penitentiary for a term of not less than four years nor more than twelve years.

An appeal was granted to this court. As it does not appear from the record that defendant applied for a new trial in the lower court before the appeal was taken, the State has moved to dismiss the appeal.

In State v. Eubanks, 179 La. 92, 153 So. 31, it is said by the court that:

“It is provided in article 559 of the Code of Criminal Procedure that: ‘No new trial can be granted on appeal unless a…