
    No. 5942.
    State of Louisiana vs. J. W. Callum.
    under tin' provisions of the constitution, article seventy-four, an appeal in criminal eases lies only when tho punishment of d w.th. or imprisonment at hard labor, or a line exceeding throe hundred dolla-s, is actually imposed. Ho penalty haying been imposed in this ease, the appeal must be dismissed.
    APPEAL from the Twelfth Judicial District Court, parish of Winn. Taliaferro, J. Criminal case.
    
      Daniel B. Gorham, District Attorney, and A. P. Field, Attorney General, tor plaintiff and appellant.
    
      8. M. Briján and George Wear, for defendant and appellee.
   Howell, J.

A motion is made to dismiss this appeal on tho ground that this court has no jurisdiction of the ease, the State having appealed from a judgment quashing the indictment found against the defendant.

Under the provisions of the constitution (article 74) an appeal in criminal cases lies only when tho punishment of death or imprisonment at hard labor, or a fine exceeding three hundred dollars, is actually imposed. No penalty was imposed in this case.

It is therefore ordered that the appeal herein be dismissed.  