61 So. 408 | La. | 1913
The accused were indicted for willfully and unlawfully cutting, removing, and converting to their own use timber from the land of another.
The accused moved to quash the indictment on the ground, among others, that Act 274 of 1910, under which the charge was made, had been repealed by Act 135 of 1912. The motion to quash was sustained by the judge a quo, and the state has appealed.
Motion to Dismiss.
The accused have moved to dismiss the appeal on the ground that the transcript was filed too late, and on the further ground that the Supreme Court is without jurisdiction ratione materise.
On November 12, 1912, the appeal was granted, “returnable according to law”; and on November 21, 1912, the judge a quo extended the return day for ten days; and the
Appeal dismissed.