23A-32-5. Appeal by prosecution–Suppression order–Dismissal of complaint–Procedure–Double jeopardy.
An appeal by a prosecuting attorney may be taken to the Supreme Court from:
(1)An order of a circuit court or a magistrate suppressing or excluding evidence or requiring the return of seized property in a criminal proceeding;
(2)An order of a circuit court or a magistrate sustaining a motion to dismiss a complaint on statutory grounds or otherwise.
An appeal under this section may not be taken after a defendant has been put in risk of double jeopardy and is not a matter of right but of sound judicial discretion. Appeals from such orders shall be taken in the same manner as intermediate appeals in subdivision §15-26A-3(6). No appeal taken under this section shall delay any trial unless a stay be granted in the discretion of the Supreme Court.
Source: SL 1978, ch 178, §403; SL 1979, ch 159, §24; SL 2021, ch 111, § 2.