# State v. Thomas

> Supreme Court of Louisiana · November 8, 1971 · 259 La. 986

URL: https://www.frixlaw.com/law-library/cases/7179893

## Case

- **Full name:** STATE of Louisiana v. Clarence THOMAS
- **Court:** Supreme Court of Louisiana
- **Decided:** November 8, 1971
- **Citations:** 259 La. 986; 254 So. 2d 269; 1971 La. LEXIS 3822
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Barpiam
- **Judges:** Barpiam
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7179893

## Opinion text

BARPIAM, Justice.
The defendant Clarence Thomas was charged by bills of information with actual and constructive possession and control of a barbiturate, in violation of R.S. 40:1033, and with simple criminal damage to property with damages totaling less than $500.00, in violation of R.S. 14:56. Not guilty pleas were entered to both charges, and after the court disposed of certain objections of defense counsel, the cases were tried, and defendant was found guilty of both offenses. For the possession of a barbiturate he was sentenced to six months in parish jail, the sentence to be suspended on good behavior, and for the simple criminal damage to property he was sentenced to pay a fine of $100.00 plus costs. He has appealed.
The State calls attention to our lack of appellate jurisdiction. Since each of the offenses for which the defendant was tried was a misdemeanor and since the sentence imposed in one did not exceed six months and the fine imposed in the other was not in excess of $300.00, this court is without jurisdiction of the appeal in either case. La.Const, of 1921, Art. VII, Sec. 10(5); State v. Brown’s Thrift City Ethical Pharmacy, Inc., 255 La. 827 , 233 So.2d 531 (1970); State v. Allen, 256 La. 341 , 236 So.2d 490 (1970); State v. Knox, 256 La. 379 , 236 So.2d 771 (1970).
The appeal is accordingly dismissed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7179893. Public record. Not legal advice.