State v. Welsh , 23 La. Ann. 142 ( 1871 )

Howe, J.

The defendants were indicted for murder and found guilty of manslaughter. A motion for a new trial was made on their behalf and was granted. From the order granting the new trial and continuing the case the State has appealed to this court. The appeal must be dismissed. Under the constitution of 1868, no appeal lies to this court in criminal cases, except when a sentence of a certain severity has been actually imposed. Art. 74.

Appeal dismissed