
    No. 10,431.
    The State of Louisiana vs. Harry Lyon.
    An appeal made returnable by fault of appellant, at a different place and time from tliat required by law, will bo dismissed,
    
      A PEAL from tlie Nineteenth District Court, Parish of St. Mary. Allen, J.
    
      Walter If. Boyers, Attorney General, and Walter J. Huthon, District Attorney for the State Appellee.
    
      Foster c6 Mentí' for Defendant and Appellant.
   The opinion of the Court was delivered by

Fenner, J.

The motion to dismiss this appeal must prevail.

The record shows that on the motion of counsel for the defendant, the appeal was made returnable to this court at New Orleans, which motion and order were made on September 24th, 1889, after which date the next ensuing session of this court was at Shreveport, to which the law required that the appeal should be returned. This is fatal to the appeal. Sec. 4, Act 30, of 1878. State vs. Cloud, 40 Ann. 618. State vs. Jenkins, 36 Ann. 865.

It is, therefore, ordered that the appeal herein be dismissed.  