State v. Mioton

Decision Date28 March 1904
Docket Number15,164
Citation112 La. 180,36 So. 314
CourtLouisiana Supreme Court
PartiesSTATE v. MIOTON

Appeal from Criminal District Court, Parish of Orleans; Joshua G Baker, Judge.

Eugene J. Mioton was charged with failure to support his wife, and on conviction moves in arrest of judgment, and from an order overruling the motion he appeals. Dismissed.

Adams &amp Otero, Hamilton Numa Gautier, and Barnard Bee Howard, for appellant.

Walter Guion, Atty. Gen., and Chandler Clement Luzenberg, Dist Atty. (Robert Hardin Marr and Philip H. Mentz, of counsel) for the State.

OPINION

BREAUX, J.

The assistant district attorney for the parish of Orleans presented an information to the criminal district court, in which he charged the defendant with having "unlawfully, willfully, and without just cause deserted, and neglected to provide for the support of, his wife," who it is averred in the information "was and is now in destitute and necessitous circumstances."

The minutes of the district court set forth: "The case was then submitted without argument. After hearing the evidence, the court found the accused guilty. The court ordered the judgment recorded and accused discharged on his bond to appear in court February 5, 1904."

After, at a subsequent date, the following entry appears: "Thereupon counsel for defendant presented to the court a motion in arrest of judgment, which was overruled. Bill of exceptions presented by counsel for defendant were signed by the court. Thereupon [the minutes show], in consideration of the judgment in this case herein recorded February 2, 1904, the court ordered the defendant herein, Eugene J. Mioton, to contribute and pay to his wife, Mrs. Eugene J. Mioton, the sum of twelve dollars per week for one year, commencing Saturday, February 13, 1904, and that said Eugene J. Mioton, defendant herein, give a good and solvent bond in the sum of six hundred dollars, conditioned as the law directs, to secure the payment of said alimony to the said Mrs. Eugene J. Mioton."

The defendant appeals.

In this court, the state, through the attorney general and the district attorney, move to dismiss the appeal on the ground that this court is without appellate jurisdiction of the cause, accused having been sentenced neither to the payment of a fine nor to any term of imprisonment, nor charged with nor convicted of any crime punishable with death or imprisonment at hard labor.

We will say with regard to the law that we are called upon to examine and interpret to the extent needful to determine whether or not this court has jurisdiction, that it is unique. It embodies a purpose new in our legislation, and gives rise to questions not heretofore directly passed upon.

The offense denounced by the statute is classed as a misdemeanor. The punishment...

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7 cases
  • State ex rel. Mioton v. Baker
    • United States
    • Louisiana Supreme Court
    • May 9, 1904
  • State v. Cole, 45202
    • United States
    • Louisiana Supreme Court
    • December 12, 1960
    ...(R.S. 15:540) which declares that no appeal lies from any ruling or order which does not finally dispose of the case. State v. Mioton, 112 La. 180, 36 So. 314; State v. Gersdorf, 124 La. 547, 50 So. 528; State v. Boettner, 127 La. 253, 53 So. 555 and State v. Clark, 143 La. 481, 78 So. 742,......
  • State v. Donzi
    • United States
    • Louisiana Supreme Court
    • October 20, 1913
    ... ... annulment of a marriage, although they may be filed in suits ... for separation and divorce, and that the remedy provided in ... Act No. 34 of 1902, p. 42, declaring child desertion to be a ... misdemeanor, was valid. The cases of State v ... Mioton, 112 La. 180, 36 So. 314, State v ... Gersdorf, 124 La. 547, 50 So. 528, and State v ... Boettner, 127 La. 253, 53 So. 555, are not applicable to ... the matters involved in this case ... The ... Constitution, art. 139, confers upon the criminal district ... court for the parish ... ...
  • State v. Clark
    • United States
    • Louisiana Supreme Court
    • April 29, 1918
    ... ... judgment by sentencing him, and have granted him an appeal on ... motion to that effect. The order to pay alimony was not a ... sentence; and no appeal would lie until sentence of fine or ... imprisonment, or both, had been imposed. State v ... Mioton, 112 La. 180, 36 So. 314; State ex rel ... Mioton v. Judge, 112 La. 801, 36 So. 703; State v ... Gersdorf, 124 La. 547, 50 So. 528; State v ... Boettner, 127 La. 253, 53 So. 555 ... The ... order of the court to defendant to give a guaranty bond, with ... security to guarantee ... ...
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