State v. Barranger

Citations

• 106 La. 352

Syllabus

<p>Syllabus.</p> <p>On Motion to Dismiss the Appeal.</p> <p>The delay for filing the transcript of appeal expired on the second of November, 1901. The transcript was filed on the 8th of November. The transcript of appeal must be filed within ten days after the order has been granted. Failure to file within that time is fatal to the appeal.</p> <p>Prior to faking out an order of appeal, the delay begins as relates to a defendant from the day the final sentence is passed upon the accused. As relates to the State, it begins to run from the date of final action in the District Court resulting in the dismissal of the prosecution.</p> <p>The statute provides that time within which to take an appeal begins to run from the date of sentence. The sentence, in so far as the State is concerned, is construed to mean the final action quashing the indictment or in some other way putting an end to the prosecution in the tribunal of the first instance. In either view, the record of appeal was not filed in time.</p>