Opinion
No. 50011.
March 30, 1970.
APPEAL FROM 15TH JUDICIAL DISTRICT COURT, PARISH OF LAFAYETTE, STATE OF LOUISIANA, HONORABLE LUCIEN C. BERTRAND, JR., J.
Fredric G. Hayes, Lefayette, for appellant.
Jack P. F. Gremillion, Atty. Gen., William P. Schuler, Asst. Atty. Gen., Bertrand DeBlanc, Dist. Atty., Charles R. Sonnier, Frances M. Gilfoil, Michael F. Thompson, Asst. Dist. Attys., for appellee.
The defendant, Brown's Thrift City Ethical Pharmacy, Inc., was charged by bill of information with selling one gallon of paint on Sunday, in violation of R.S. 51:194 which forbids the sale on Sunday of certain merchandise including "building supply materials". After the judge overruled a motion to quash which alleged the unconstitutionality of R.S. 51:194, the defendant was tried, convicted, and sentenced to pay a fine of $100.00 and costs, the maximum penalty for a first violation of this statute. It has appealed to this court.
Since the defendant was tried, for a misdemeanor and sentenced to pay a fine which does not exceed $300.00, and since the statute was not held unconstitutional by the trial court, this court is without appellate jurisdiction, and we take notice of this ex proprio motu. La. Const. of 1921, Art. 7, Sec. 10(2), (5); State v. Ginalva, 165 La. 304, 115 So. 571; State v. Boothe, 227 La. 847, 80 So.2d 437; State v. Smith, 254 La. 78, 222 So.2d 864; State v. Murphy, 254 La. 873, 227 So.2d 915.
The appeal is accordingly dismissed.