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STATE v. SONNIER

Supreme Court of Louisiana.
Mar 20, 1961
Important Paras
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FOURNET, Chief Justice.

The issue in this case is identical with the one disposed of this day in State v. Bellande, 240 La. ___, 128 So.2d 14, nevertheless we are without appellate jurisdiction since no jail sentence was imposed by the court below and the fine actually imposed did not exceed $300. See State v. Shelton, 227 La. 27, 78 So.2d 498, and cases therein cited.

La.Const. Art. 7, Sec. 10 provides: "* * * The following cases only shall be appealable to the Supreme Court; * * * (5) Criminal cases in which the penalty of death or imprisonment at hard labor may be imposed, or in which a fine exceeding three hundred dollars or imprisonment exceeding six months has been actually imposed." (Emphasis supplied.)

The defendant herein entered a plea of guilty as charged with violation of R.S. 56:497 [trawling in inside waters in closed season] and was sentenced to pay a fine of $200 and costs or to serve 15 days in the Parish jail. The court also ordered the trawl nets and other paraphernalia forfeited.

The appeal is dismissed.