RS 13:2498 Appeal; proceedings; record; hearing
§2498. Appeal; proceedings; record; hearing
A. There shall be a right of appeal in all cases from the municipal court of New Orleans to the criminal district court for the parish of Orleans. The appeals shall be on the law and the facts and shall be tried by the judge of the criminal district court to whom the appeal shall be allotted upon the records made and the evidence offered in the municipal court of New Orleans. The criminal district court shall have general and supervisory jurisdiction over the municipal court of New Orleans, and may issue such writs and orders as may be necessary in aid of its appellate and supervisory jurisdiction.
B. The court reporters of the court shall, in all cases, take down the testimony verbatim. The stenographic notes need not be written out unless an appeal is taken, in which case the testimony shall be written out and signed by the judge. In cases of appeal the clerk shall prepare the record for the appellate court. This will consist of the affidavit bond, testimony and every document, instrument, property or thing whatsoever in possession of the court, filed in the trial of the case, together with the ordinance or ordinances on which the prosecution is based. The clerk shall make, in duplicate, a list of each specific thing, whose correctness shall be certified to by the judges to one of the lists. This record, and all it contains, and the signed list shall then be filed with the clerk of the criminal district court who will receipt for same after signing the other list. When the appeal is taken it divests the municipal court of New Orleans from all further jurisdiction in the case.
C. In all appeals, the appeal shall be heard by one of the judges of the criminal district court. No appeal shall be taken except when taken on the day of sentence. All appeals taken from the judgment of the municipal court of New Orleans shall be by oral or written motion in open court, and they shall be returnable to the criminal district court within five days. Upon application to the appellate court, this term may, in case of necessity, be extended.
D. In no case shall the appellant be responsible for any error, omission or oversight in the record of the appeal.