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State v. Montgomery

Supreme Court of Louisiana
Oct 31, 1932
175 La. 727 (La. 1932)

Opinion

No. 31938.

October 31, 1932.

Appeal from Thirteenth Judicial District Court, Parish of St. Landry; B.H. Pavy, Judge.

Tom Montgomery was convicted of carrying concealed weapons, and he appeals.

Appeal dismissed.

Lewis Lewis, of Opelousas, for appellant.

Gaston L. Porterie, Atty. Gen., James O'Connor, Asst. Atty. Gen., and R. Lee Garland, Dist. Atty., of Opelousas (James O'Niell, Sp. Asst. to Atty. Gen., of counsel), for the State.


Defendant appeals from a sentence imposed of $250, and, in default of payment, of four months in jail, for carrying concealed weapons.

Since the offense is one punishable by fine or imprisonment in the parish jail (Act No. 43 of 1906), and since the penalty actually imposed does not exceed $300 or six months in the parish jail, the motion filed to dismiss the appeal must be sustained. Const. 1921, art. 7, § 10; State v. Hamilton, 128 La. 91, 54 So. 482; State v. Mitchell, 137 La. 1098, 69 So. 851; State v. Desimone, 143 La. 505, 78 So. 751.

The appeal is dismissed.


Summaries of

State v. Montgomery

Supreme Court of Louisiana
Oct 31, 1932
175 La. 727 (La. 1932)
Case details for

State v. Montgomery

Case Details

Full title:STATE v. MONTGOMERY

Court:Supreme Court of Louisiana

Date published: Oct 31, 1932

Citations

175 La. 727 (La. 1932)
144 So. 433

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