State v. Waters

Layton, J.:

*258The State’s motion to dismiss the first appeal is denied because the sentence comes directly within the provisions of Art. IV, Sec. 28 of the Constitution, Del. C. Ann. providing for a right of appeal in all cases where the sentence shall be imprisonment exceeding one month or a fine exceeding $100.00. See State v. Stevens, 3 W. W. Harr. 479, 139 A. 78.*

On the second charge, the State’s motion to dismiss the appeal is granted. Defendant contends that here again the sentence falls within the provisions of the Constitution above referred to because in default of payment of the fine,…