§ 16-91-112 - Appeal by state.
16-91-112. Appeal by state.
(a) Where an appeal on behalf of the state is desired, the prosecuting attorney shall pray the appeal during the term at which the decision is rendered, whereupon the clerk shall immediately make a transcript of the record and transmit it to the Attorney General or deliver the transcript to the prosecuting attorney, to be transmitted by him or her.
(b) If the Attorney General, on inspecting the record, is satisfied that error has been committed to the prejudice of the state, and upon which it is important to the correct and uniform administration of the criminal laws that the Supreme Court should decide, he or she may, by lodging the transcript in the clerk's office of the Supreme Court within sixty (60) days after the decision, take the appeal.
(c) An appeal by the state from a decision of the circuit court shall not suspend the proceedings in the case.