
    (65 South. 111)
    No. 20,389.
    STATE v. BREWER.
    (April 27, 1914.)
    
      (Syllabus by the Court.)
    
    Criminal Law (§ 1026*) — Appeal—Dismissal.
    An appeal will be dismissed where it is shown that the order of the court appealed from has been acquiesced in by the appellant.
    [Ed. Note. — Eor other cases, see Criminal Law, Cent. Dig. §§ 2615-2618; Dec. Dig. § 1026.*]
    Appeal from Juvenile Court, Parish of Orleans ; A. H. Wilson, Judge.
    Frederick J. Brewer was convicted of failing to support his minor children, and appeals.
    Appeal dismissed.
    Loys Charbonnet, of New Orleans, and Fred A. Ahrens, of Arabi, for appellant. A. D. I-Ienriques, Jr., Asst. Dist. Atty., of New Orleans (Harry P. Sneed, of New Orleans, of counsel), for the State.
   SOMMERVILLE, J.

In compliance with the order hereinbefore issued, the juvenile court has forwarded to this court a transcript of the testimony taken in support of the motion to dismiss the appeal, in which motion it was alleged that the defendant had acquiesced in the judgment appealed from.

December 8, 1913, defendant was found guilty of failing to provide for the support of his minor children, and he was ordered to pay to the criminal sheriff the sum of $20 on the first and fifteenth of every month, commencing Monday, December 15, 1913, for support of his children, and defendant was released on his bond. Defendant applied for a new trial, which was refused December 10, 1913, and a motion for a suspensive appeal was filed and granted on the same day. December 15, 1913, defendant executed the order appealed from by paying to the deputy criminal sheriff $20. He thus acquiesced in the order of the court, and his appeal must be dismissed. Defendant argues that the payment made by him to the sheriff for the support of his minor children was in accordance with an understanding between his attorney and the prosecuting officer of the state; but he has failed to substantiate said understanding or agreement by sufficient evidence.

Appeal dismissed.  