Opinion
No. 27244.
July 13, 1925.
Appeal from Twenty-Second Judicial District Court, Parish of St. Tammany; Prentiss B. Carter, Judge.
Murphy Parker was convicted of unlawfully selling intoxicating liquor, and he appeals. Appeal dismissed.
Fred J. Heintz, of Covington, for appellant.
Percy Saint, Atty. Gen., Percy T. Ogden, Asst. Atty. Gen., and C.S. Frederick, Dist. Atty., of Covington (E.R. Schowalter, Asst. Atty. Gen., of counsel), for the State.
Defendant was found guilty of unlawfully selling intoxicating liquor, to wit, whisky, for beverage purposes, and was sentenced to pay a fine of $300 and to be imprisoned in the parish jail for a period of 60 days, and, in default of payment of fine, to be imprisoned for a further period of 8 months.
The charge against defendant is a misdemeanor, and is punishable for the first offense by fine of not more than $500 and imprisonment of not more than 60 days. Act 39 of 1921, § 3.
As neither a fine exceeding $300, nor imprisonment exceeding 6 months has been actually imposed, the Supreme Court is without appellate jurisdiction in this case. Const. 1921, art. 7, § 10; State v. Harrison, 154 La. 1011, 98 So. 622.
It is therefore ordered that the appeal be dismissed.
O'NIELL, C.J., dissents.