29-28-07. From what the state may appeal.
108 words·~1 min read·
/nd/title-29/chapter-29-28-appeals/29-28-07·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
An appeal may be taken by the state from:
1. An order quashing an information or indictment or any count thereof.
2. An order granting a new trial.
3. An order arresting judgment.
4. An order made after judgment affecting any substantial right of the state.
5. An order granting the return of property or suppressing evidence, or suppressing a
confession or admission, when accompanied by a statement of the prosecuting
attorney asserting that the appeal is not taken for purpose of delay and that the
evidence is a substantial proof of a fact material in the proceeding. The statement
must be filed with the notice of appeal.