
    (111 So. 263)
    No. 28340.
    STATE v. GUILLORY.
    (Jan. 3, 1927.)
    
      (Syllabus by Editorial Staff.)
    
    1. Criminal law <@=>1020—Sentence actually imposed determines appellate, jurisdiction, where penalty is fine or jail sentence.
    Where penalty that may be imposed is fine or imprisonment in parish jail, or both, it is sentence actually imposed that determines appellate jurisdiction.
    2. Criminal law <@=>1020—Supreme Court has no jurisdiction of appeal from conviction of defendant fined $150 and given jail sentence which could not exceed 135 days (Act No. 39, Ex. Sess. 1921, § 3; Const. 1921, art. 7, § 10).
    Supreme Court has no jurisdiction of appeal from conviction for selling intoxicating liquor for beverage purposes under Act No. 39, Ex. Sess. 1921, § 3, where defendant was sentenced to 45 days in jail and fine of $150, with provision for 90 additional days in jail for default in paying fine, since sentence must be fine exceeding $300 or jail sentence exceeding six months, under Const. 1921, art. 7, § 10.
    Appeal from Twelfth Judicial Dictrict Court, Parish of Avoyelles; L. P. Gremillion, Judge.
    
      Leon Guillory was convicted of selling intoxicating liquor for beverage purposes, and he appeals.
    Appeal dismissed.
    Wade J. Broussard, of New Orleans; for appellant.
    Percy Saint, Atty. Gen., Percy T. Ogden, Asst. Atty. Gen., Lester L. Bordelon, Dist. Atty., of Marksville, and E. R. Scbowalter, Asst. Atty. Gen., for the State.
   OVERTON, J.

Defendant was convicted of selling intoxicating liquor for beverage purposes, and was sentenced to serve 45 days in jail, to pay a fine of $150, and, in default of the payment of the fine, to’ be imprisoned in the parish jail for 90 days additional. The only bill reserved by him was one to the overruling of a motion for a new trial, based on the ground .that the court erred by convicting him on the evidence of a witness unworthy of belief.

The offense for which defendant was convicted is a misdemeanor punishable by fine and imprisonment in the parish jail. Section 3 of Act 39, Extra Session of 1921. Where the penalty that may be imposed is merely a fine or imprisonment in the parish jail, or both, it is the sentence actually imposed that is determinative of our appellate jurisdiction, and to vest us with jurisdiction, where it is dependent on the sentence actually imposed, the sentence must be a fine exceeding $300 or imprisonment in the parish jail exceeding six months. Const. 1921, art. 7, § 10; State v. Roy, 152 La. 933, 94 So. 703. It is obvious that neither a fine exceeding $300 nor imprisonment exceeding six months in jail was imposed on defendant.

Hence, we have no jurisdiction of the appeal in this case. We therefore dismiss the appeal, and do so, which it is our duty to do,ex proprio motu.

The appeal herein is dismissed.  