State ex rel. Marceaux v. DeBaillon

Citations

• 51 La. Ann. 197
• 25 So. 104
• 1899 La. LEXIS 387

Syllabus

<p>Syllabus.</p> <p>.Motions to quash and rulings thereon in the court below are reviewable only on appeal. Cases are not to be tried piece-meal, and issues ol that character are to be determined and passed on under the appellate jurisdiction, and not under the supervisory jurisdiction of the Supreme Court. State ex rel. Crozier vs. Host, 49 An. 1451.</p> <p>Prescription is a plea to be presented to the court of first instance and passed on by it in criminal cases. The ruling of the court on the plea comes up for review, on appeal from final judgment in the cause. The Supreme Court is not authorized under its supervisory jurisdiction to take up the question of prescription as an original proposition, and deal with it as such.</p>