Still Trying for a Decision, Daily Racing Form, 1921-01-12


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STILL TRYING FOR A DECISION NEW Olil.LANS. I.a.. January 11.— Not having the right of appeal under the tenaa of article S3 ■ I the e of Loabdaaa, District Attorney A. C. Duchler.of Jeffcr-on Pariah decided on Moa day lo take the case of T. K. McBride, charged with violation of the Inke law at Jeffer-on Iark. to the stale Snpn me Court immediately on writs of certiorari, prohibition and mandamu- He made a motion to this effect Monday before Judge Cauthier in the District Court at Oretna. Mcltride Was aeqaitted of violating the Locke law. Iniler the terms of the aricle referred to an appeal i- allowed only in easts where the punishment of death or imprisonment at hard labor may be inflicted, or a fine exceeding SStO, or imprisonment exeeedtag -ix moatbe i- actually Imposed. As the McBride ease doe- not come within the teiuis of these provisions the appeal granted by the court on the district attorneys motion, after the demurrer filed by Mcltride- attorney ha- bsaaj sustain-d and a new trial has been refused, was improperly granted according to Mr. Hiichler and he therefore asked the ceart to set aside that order and allow him to apply for the writs. Should the Supremo Court deny the appeal it amount- to the equivalent of a Supreme Court decistoa in favor of the present betting system, for it saotaiaa Judge Ganthiera findings. On the other hand, should the Supreme Court grant the plea of District Attorney Huchler. then the ca-e come- up for review by the judges of the states highest tribunal and all the cviilen. e in the Mr-Bride case, with briefs of the reipettlce atroraeya, is to be submitted. - A

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