McCALEB, Justice.
The State is appealing from a judgment sustaining a plea of prescription and dismissing the prosecution of an indictment charging defendant with violating R.S. 15:862—a misdemeanor providing a maximum penalty of $500 or imprisonment for not more than six months or both.
Section 10 of Article 7 of the Constitution, as amended by Act 561 of 1958, in defining the appellate jurisdiction of this Court, provides:
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