State v. Callac
Supreme Court of Louisiana
APPEAL from the Second Recorder’s Court of New Orleans. Moulin, J. 1. In a criminal prosecution on appeal the accused furnishes no bond of appeal; but, pending the appeal, remains a prisoner in the custody of the court a qua, or in the custody of his surety on a bail bond. Con., Art. 9; State vs. Gutierrez, 15 An. 190. •2. The Code of Practico does not apply to criminal proceedings on appeal.
Read the full summary
APPEAL from the Second Recorder’s Court of New Orleans. Moulin, J. 1. In a criminal prosecution on appeal the accused furnishes no bond of appeal; but, pending the appeal, remains a prisoner in the custody of the court a qua, or in the custody of his surety on a bail bond. Con., Art. 9; State vs. Gutierrez, 15 An. 190. •2. The Code of Practico does not apply to criminal proceedings on appeal. Besides, motion to dismiss comes too late after case fixed for trial on merits. 3. Sec. 6 of City Ordinance No. 6022, A. S., of June 25, 1879, under which appellant is now prosecuted, has been repealed…
1Opinion of the Court
On Motion to Dismiss Appeal.
The opinion of the court was delivered by.
Watkins, J.
The motion is grounded upon the absence of any bond of appeal: but conceding that this case has not the status of a criminal proceeding, entitling defendant to be dispensed from furnishing an appeal bond, it must be taken and construed as a civil case, and the motion considered accordingly; and it is well settled that a motion to dismiss an appeal for such cause as an alleged in*29formality or irregularity in an appeal bond must be filed in this court within three judicial days after the record is filed. And the…
2Cited by19 opinions
- Orrell v. Southern Farm Bureau Casualty InsuranceSupreme Court of Louisiana · 1965
- Downs v. DunnSupreme Court of Louisiana · 1926
- Town of Ruston v. FountainSupreme Court of Louisiana · 1906
- State Farm Mut. Automobile Ins. Co. v. OttSupreme Court of Louisiana · 1952
- City of New Orleans v. New Orleans Butchers' Co-op. Abattoir, Inc.Supreme Court of Louisiana · 1923
14 more not listed; retrieve them via the Exa API.