Section 23A-32-4 - Appeal by prosecution from dismissal, arrest of judgment, new trial or deviation frommandatory sentence--Subsequent prosecution.
23A-32-4. Appeal by prosecution from dismissal, arrest of judgment, new trial or deviation from mandatory sentence--Subsequent prosecution. An appeal by a prosecuting attorney in a criminal case may be taken to the Supreme Court, as a matter of right, from a judgment, or order of a circuit court sustaining a motion to dismiss an indictment or information on statutory grounds or otherwise, or granting a motion for arrest of judgment or a motion for a new trial, or an order finding mitigating circumstances to exist in deviating from the mandatory sentencing provisions of § 22-42-2; but such appeals shall not bar or preclude another prosecution of the defendant for the same offense, except where the dismissal is affirmed by the Supreme Court.
Source: SDC 1939 & Supp 1960, § 34.4101; SDCL, § 23-51-2; SL 1978, ch 178, § 402; SL 1979, ch 159, § 23; SL 1989, ch 201, § 3.