Lucious Thomas, an adult charged in the Orleans Parish Juvenile Court with contributing to the delinquency of a juvenile (a misdemeanor) as denounced by R.S. 14:92(7), was tried, convicted, and sentenced to serve six months in the parish prison. He has appealed.
Article 7, Section 96, of our Constitution provides for the establishment of the Orleans Parish Juvenile Court and for that court's jurisdiction, procedure, etc. That court has jurisdiction, among other matters, to try adults for certain crimes against children; all of these offenses are misdemeanors. In his statement of appellate jurisdiction in brief filed here, defendant relies on the provision in the second paragraph of Section 96 that "Appeals shall lie to the Supreme Court of the State of Louisiana from all final judgments rendered by the Juvenile Court. * * *"
Defendant has apparently overlooked the fact that the appellate jurisdiction of the appellate courts of this state was extensively revised and radically changed by constitutional amendments which were adopted in November, 1958, and became effective on July 1, 1960. Before these 1958 amendments defendant's appeal from the juvenile court's judgment of conviction, like appeals from all other final judgments of that court, would have properly been to the Supreme Court under Section 96.
This 1958 constitutional amendment revising our appellate jurisdiction provides that certain types of cases only shall be appealable to the Supreme Court, and thus has limited our appellate jurisdiction to the particular types of cases specifically enumerated. The present case is not one of those types since it is a criminal case in which the defendant, charged with and convicted of a misdemeanor, was given a sentence of imprisonment which does not exceed six months. The only way on appeal now lies to this court in a criminal case from the juvenile court is under the provisions of Article 7, Section 10(5), since the limitation implicit in the word "only" in the constitutional provision concerning our appellate jurisdiction precludes our taking jurisdiction of appeals in such cases under Article 7, Section 96, as we formerly could do.
Since the revision of appellate jurisdiction in this state, the right of appeal of persons convicted of crimes in the Criminal District Court for the Parish of Orleans, or in the district courts throughout the state, and the right of appeal of adults convicted in juvenile court are now controlled by the same constitutional provision, Article 7, Section 10(5).
Under Article 7, Section 10, as it now reads, the instant case can reach this court only under our supervisory jurisdiction, and the procedure under which it may be brought up to us is set forth in Section 2 of the Rule XII of this court.
For the reasons assigned the appeal is dismissed.