Legal Opinion

State v. Sherman

Supreme Court of Louisiana

Decided December 2, 1918No. 23206PublishedCited by 5 opinions

Appeal from Sixth Judicial District Court, Parish of Ouachita; Ben C. Dawkins, Judge. Lee Sherman was convicted of arson, and, from an order setting aside the verdict and granting a new trial, the state appeals.

1Opinion of the CourtLeche, J.

In this case the accused, having been found guilty of setting fire to and burning an outhouse, moved for a new trial. After hearing, the motion was granted and the verdict set aside. The present appeal from the trial judge’s ruling was obtained by the state. No motion was made in this court to dismiss the appeal, and the case is submitted on brief by the defendant.

*77We are therefore confronted with this situation: Has the state a right of appeal from such a ruling, and, if it has not, then may such an appeal be dismissed by the court ex proprio motu?

[1 ] The well-established rule, recognized by…

2Cases cited3 opinions

  1. State v. LabrySupreme Court of Louisiana · 1908
  2. State v. JacksonSupreme Court of Louisiana · 1917
  3. State v. CarterSupreme Court of Louisiana · 1907

3Cited by5 opinions

  1. State v. LecompteSupreme Court of Louisiana · 1947
  2. State v. WhiteSupreme Court of Louisiana · 1945
  3. State v. HarrisonSupreme Court of Louisiana · 1923
  4. State v. JohnsonSupreme Court of Louisiana · 1933
  5. State v. MartinSupreme Court of Louisiana · 1923

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