
    213 La. 38
    STATE v. PATTERSON et al.
    No. 38600.
    Supreme Court of Louisiana.
    Feb. 16, 1948.
    Fred S. LeBlanc, Atty. Gen., M. E. Cul-ligan, Asst Atty. Gen., and Herve Raci-vitch, Dist. Atty., Guy Johnson, 1st Asst. Dist. Atty., and Robert E. Le Corgne, Jr., Asst. Dist. Atty., all of New Orleans, for appellant.
    Henry J. Voss and Alex W. Swords, both of New Orleans, for appellees.
   PONDER, Justice.

The State is appealing from the judgment of the lower court sustaining a plea of former jeopardy and discharging the defendants.

The defendants were charged with operating a place of public entertainment in which lewd dancing is permitted. The offense is denounced by Act No. 241 of 1942.. The offense is a misdemeanor and the penalty provided for in the act does not authorize the imposition of imprisonment at: hard labor.

Under the provisions of Section 10 of' Article 7 of the Constitution, our appellate jurisdiction does not extend to misdemeanors, where imprisonment at hard labor cannot be imposed, except where a fine exceeding $300, or imprisonment exceeding-six months, has actually been imposed.

For the reasons assigned, the appeal is. dismissed.

O’NIELL, C. J., absent.  