33 La. Ann. 1227 | La. | 1881
The opinion of the Court was delivered by
The relator applies to this Court for a mandamus to compel the Judge of the Twenty-second Judicial District Court of the parish of St. James to grant him an order of appeal from the sentence and judgment of said Court, rendered in the trial of an information against him, charging the offence of “assault with intent to commit rape.” Relator, the accused in said information, was tried by a jury, who found a verdict of “guilty of assault,” and the judge sentenced him to three months’ imprisonment in the parish jail and to the payment of a fine of twenty-five dollars, whereupon the accused moved for an appeal to this Court, which was denied.
The punishment prescribed for the offence with which accused Was charged, is fixed by the statute at imprisonment at hard labor, not exceeding two years, the punishment of assault at a fine not exceeding one hundred dollars, or imprisonment not exceeding three months, or both, at the discretion of the Court.
We are to decide, in these proceedings, whether an appeal lies to this Court, under the jurisdiction vested by the Constitution of 1879. For a proper solution of the question and to fully understand the intention of the framers of the present Constitution, we are materially aided by a consideration of the clauses of our previous Constitutions on the same subject.
In regard to the jurisdiction of this Court in criminal matters, the organic law has not been uniform. Under the Constitution of 1852, article 62 provided that the jurisdiction of the Supreme Court shall extend “to all criminal cases, on questions of law alone, whenever the offence charged is punishable with death or imprisonment at hard labor, or when a fine exceeding three hundred dollars is actually imposed.”
In the Constitution of 1868 we find a very plain and material change- ' It provides, in article 74, that the jurisdiction of the Court shall extend, “in criminal cases, on questions of law only, whenever the punishment'
In 15 An. 347, State on the relation of Cook vs. Keeper of Parish Prison, the Court said: “It is well settled that, in a criminal prosecu
In State vs. Slave Charles, 14 An. 649, it was held: “The right of appeal equally exists, if the accused has been charged with an offense punishable with death or imprisonment at hard labor, and has been found guilty of an offense not so punishable, for article 62 of the Constitution (of 1852) does-not make the right of appeal depend upon the nature of the verdict or the punishment that may be inflicted by the 'jury, but upon the fact whether the offense charged is punishable with death or imprisonment at hard labor.” See, also, 12 Am 390.
■ Eor the reasons stated, we think the relator entitled to the order of appeal,’and that it should be granted by the District Judge.
It is, therefore, ordered, adjudged and decreed that the alternative writ of mandamus herein issued be made absolute and peremptory, and the Judge of the Twenty-second Judicial District Court in and for the parish of St. James be directed to grant the suspensive.appeal prayed for by the relator, Lucien Gabriel, and that the defendant and respondent herein do pay the costs of these proceedings.