State v. Cox

Citations

• 114 La. 567
• 38 So. 456
• 1905 La. LEXIS 507

Syllabus

<p>APPEAL — JURISDICTION — PENALTY — FORFEITED RECOGNIZANCE.</p> <p>1. Whether an appeal will lie to this court from a judgment forfeiting an appearance bond depends upon whether the bond was given in a prosecution within the jurisdictional power of the court, the doctrine being that the matter of the forfeiture is attracted to the prosecution; and this doctrine may perhaps apply in case of a judgment rendered in a proceeding to set aside a judgment of forfeiture.</p> <p>2. The appellate jurisdiction of this court extends to two classes of criminal cases — the one “where the punishment of death or imprisonment at hard labor may be inflicted”; the other, “where a fine exceeding $300 or imprisonment exceeding six months is actually imposed.” In. the one case the question of jurisdiction is determined by the character of the offense, as measured by the punishment that may be inflicted, and hence is set at rest at the inception of the prosecution. In the other case the 'question is determined not by the penalty that may be inflicted, but by that which is actually inflicted, and hence must await for its determination the result of the prosecution.</p> <p>3. Where an appearance bond for $300 is adjudged forfeited in a prosecution in which a nolle prosequi is subsequently entered, and in which it would be necessary that the maximum penalty should be imposed in order to entitle the defendant to an appeal, no appeal lies from a judgment dismissing a rule to set aside the forfeiture.</p> <p>(Syllabus by the Court.)</p>