State ex rel. Collette

Citations

• 106 La. 221

Syllabus

<p>Syllabus.</p> <p>1. Construing Article 12 of the Constitution of 1898 and Section 1007 of the Revised Statutes together, it is held it is only where persons convicted of crime shall have been sentenced to death, or to imprisonment at hard labor, that such persons are to be kept in confinement, notwithstanding an appeal taken in their case.</p> <p>2. Where the sentence pronounced is not that of death or Imprisonment at hard labor, the convict is entitled, upon application, to be released on bail pending the appeal.</p> <p>8. But where an accused party, has been convicted of an offense the sentence for which, yet to be pronounced, may be imprisonment at hard labor, he is not entitled to ball between the time of his conviction and that when sentence Is to be passed.</p> <p>4. The term, “ imprisonment at hard labor,” where used In Article 12 of the Constitution and in Section .1007 of the Revised Statutes, means Imprisonment at hard labor in the penitentiary. It does not mean the work on public roads, bridges and other public works authorized by Article 292 of the Constitution.</p>