
    (63 South. 486.)
    No. 19,988.
    STATE v. FOWLER.
    (Nov. 17, 1913.)
    
      (Syllabus by the Court.)
    
    Criminal Law (§ 1069*) — Appeal—Time of Taking.
    “Appeals to the Supreme Court in criminal cases, allowable under the Constitution of 1898 [article 85], shall be taken by motion, either verbally or in writing, in open court, within three days after the sentence shall have been pronounced.” Section 1, Act 108 of 1898, p. 155; State v. Rollins, 125 La. 297, 51 South. 204.
    [Ed. Note. — Por other cases, see Criminal Law, Cent. Dig. §§ 2691-2699; Dec. Dig. § 1069.*]
    Appeal from Twelfth Judicial District Court, Parish of Vernon; James G. Palmer, Judge.
    Abb Powler was convicted of crime, and appeals.
    Dismissed.
    Stewart, Stewart & Perguson, of Leesville, for appellant. R. G. Pleasant, Atty. Gen., and W. M. Lyles, Dist. Atty., of Leesville (G. A. Gondran, of Donaldsonville, of counsel), for the State.
   SOMMERVILLE, J.

The state moves to dismiss this appeal, for the reason that it was not asked for within the delay allowed by law.

The sentence in this case was pronounced on • Monday, April 26, 1913, and the motion for appeal was filed on Monday, May 5, 1913, more than three days after sentence.

The law is:
“That appeals to the Supreme Court in criminal cases, allowable under the Constitution of 1898 [article 85], shall be taken by motion, either verbally or in writing, in open court, within three days after the sentence shall have been pronounced.” Act No. 108 of 1898, § 1, p. 155; State v. Rollins, 125 La. 297, 51 South. 204.
The appeal is dismissed.  