
    (44 South. 259.)
    No. 16,626.
    STATE v. BABINGTON.
    (June 17, 1907.)
    Courts — Supreme Court — Criminal Jurisdiction — Appeal.
    This court is without jurisdiction of an* appeal in a criminal case, where the maximum penalty authorized by the law is a fine of $100' and imprisonment, without hard labor, for 6 months, and the penalty actually imposed is a fine of $50, or, in the alternative, imprisonment,, without hard labor, for 30 days.
    (Syllabus by the Court.)
    Appeal from Twenty-Sixth Judicial District Court, Parish of Washington; Thomas-Moore Burns, Judge.
    Mike Babington was convicted of illegally selling liquors, and appeals.
    Dismissed.
    Prentiss Bernard Carter, for appellant.. Walter Guión, Atty. Gen., for the State.
   On Motion to Dismiss Appeal.

MONBOE, J.

Defendant was convicted’ of soliciting and receiving orders for the sale of spirituous liquors, in the parish of Washington, where the sale of such liquors-is prohibited. The state moves to dismiss the appeal, and the motion must be sustained. The utmost penalty that could have-been imposed would have been a fine of $100’ and imprisonment, without hard labor, for 6 months (Act No. 46, p. 61, of 1906), and the penalty actually imposed was a fine of $50 and costs, or, in the alternative, imprisonment, without hard labor, for 30 days. This court is therefore without jurisdiction of the appeal from either point of view, or from any other point that suggests itself or has been suggested. Const, art. 85.

It is therefore adjudged that the appeal herein be dismissed.  