99-35-103 - When state or municipality may appeal.
§ 99-35-103. When state or municipality may appeal.
The state or any municipal corporation may prosecute an appeal from a judgment of the circuit court in a criminal cause in the following cases:
(a) From a judgment sustaining a demurrer to, or a motion to quash an indictment, or an affidavit charging crime; but such appeals shall not bar or preclude another prosecution of the defendant for the same offense.
(b) From a judgment actually acquitting the defendant where a question of law has been decided adversely to the state or municipality; but in such case the appeal shall not subject the defendant to further prosecution, nor shall the judgment of acquittal be reversed, but the Supreme Court shall nevertheless decide the question of law presented.
(c) From a ruling adverse to the state or municipality in every case in which the defendant is convicted and prosecutes an appeal; and the case shall be treated as if a cross appeal had been formally presented by the state. All questions of law thus presented shall be decided by the Supreme Court.
Sources: Codes, 1892, § 39; Laws, 1906, § 40; Hemingway's 1917, § 16; Laws, 1930, § 19; Laws, 1942, § 1153; Laws, 1991, ch. 573, § 140, eff from and after July 1, 1991.