98 So. 622 | La. | 1923
The defendant is prosecuted under Act 209 of 1914, an act to punish the giving of checks, drafts, or orders on any bank or other depository wherein the person so giving such check, draft, or order shall not have sufficient funds as a credit for the payment of the same.
Defendant demurred to the information filed herein on the ground that said information, as drawn in this case, does not set out or disclose any misdemeanor or offense known to the laws of the state of Louisiana.
This demurrer was maintained by the trial judge, and the indictment quashed. The state has appealed from this judgment.
The act in question declares that any violation of its provisions shall constitute a “misdemeanor,'’ and that any person convicted under said act “shall be fined not more than one thousand dollars or; imprisoned not more than one year, or both, at th'e discretion of the court.”
The appellate jurisdiction of the Supreme
It is therefore ordered that the appeal in this case be dismissed.