(33 South. 110.)
No. 14,537.
STATE v. PETTIGREW et al.
(Dec. 1, 1902.)
APPEAL — ABANDONMENT—DISMISSAL—CER-TIORARI — PROHIBITION.
1. Writs of certiorari and prohibition, under the supervisory jurisdiction of the court, may be issued after an appeal has been abandoned.
(Syllabus by the Court.)
Appeal from judicial district court, parish of Morehouse; Luther Egbert Hall, Judge.
R. L. Pettigrew and others were convicted, under Act No. 49 of 1894, § 12, of being itinerant .venders of drugs, etc., and appeal.
Appeal dismissed.
*133John Merritt Munholland and Edward Hughes Randolph, for appellants. Walter Guión, Atty. Gen., and James P. Madison, Dist. Atty. (Lewis Guión, of counsel), for the State.
BREAUX, J.
In the second brief filed before this court, counsel for defendants set out that an attempt was made by defendants to bring up the questions in controversy by appeal.
They aver in behalf of the appellants that under the decision in State v. Judge, 10G La. Ann. 400, 31 South. 14, an appeal would not lie from the sentence complained of. Defendants for that reason abandoned the appeal, and made application for writs of certiorari and prohibition.
It follows that the appeal in this case must be dismissed.
It is dismissed.