
    (43 South. 387.)
    No. 16,486.
    STATE v. AUSTIN.
    (March 18, 1907.)
    Criminal Law — Appeal—Return.
    Where an appeal in a criminal case is not returned within the delay provided by law, and as fixed by the order of the trial court, or (in term time) within judicial three days thereafter, it will be dismissed.
    TEd. Note. — For cases in point, see Cent. Dig. vol. 15, Criminal Law, § 2891.]
    (Syllabus by the Court.)
    Appeal from Third Judicial District Court, Parish of Claiborne; J. E. Moore, Judge.
    D. B. Austin was indicted, and a motion to quash indictment was sustained. The state appeals.
    Appeal dismissed.
    William Chappelle Barnette, Dist. Atty., for the State. Richardson & Richardson, for appellee.
   On Motion to Dismiss Appeal.

MONROE, J.

The appeal herein, from a judgment sustaining a'motion to quash the information, was made returnable within 10 days from the 7th of January, 1907, and defendant moves to dismiss, on the ground that it was not returned within that delay, or within three days thereafter. The facts are as stated, and the motion is sustained. Act No. 108, p. 155, of 1898; Marr’s Crim. Jur. of La. § 517.

Appeal dismissed.  