
    (95 South. 211)
    Nos. 25637, 25638.
    STATE v. VIOLA (two cases).
    (Dec. 29, 1922.
    Rehearing Denied Jan. 27, 1923.)
    
      (Syllabus by the Court.)
    
    Criminal law &wkey;s1020 — Supreme Court without jurisdiction unless fine exceeding $300 or imprisonment exceeding six months actually imposed.
    In cases of misdemeanor the Supreme Court is without appellate jurisdiction unless “a fine exceeding $300 or imprisonment exceeding six months has been actually imposed.”
    Appeal from Twenty-Eighth Judicial District Court, Parish of St. Charles; H. N. Gautier, Judge.
    Nick Viola was convicted in each of two cases of assault and battery, and he appeals. On motion to dismiss.
    Appeals dismissed.
    Prentice E. Edrington, Jr., of New Orleans, for appellant.
    
      A. Y. Coco, Atty. Gen. (Conrad A. Buchler, Dist. Atty., of Gretna, and T. S. Walmsley, of New Orleans, of counsel), for the State.
    By the WHOLE COURT.
   ST. PAUL, J.

In each of these cases defendant was convicted of assault and battery, a misdemeanor under section 2 of Act 107 of 1902, and sentenced to pay a fine of $100 and suffer imprisonment in the parish jail for three months, with three months additional if the fine be not paid. He appeals to this court.

As in each case the fine does not exceed $300 and the imprisonment does not exceed six months, it is clear that this court is without jurisdiction in either case. Const. 1921, art. 7, § 10.

Decree.

The appeals herein taken are therefore dismissed.  