Title 29, Judicial Procedure, Criminal
48 chapters · 447 sections in this title.
N.D.C.C. § 29-28-02 Who may appeal
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Either the defendant or the state may take an appeal as provided in this chapter.
N.D.C.C. § 29-28-03 Appeals are matter of right
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An appeal to the supreme court provided for in this chapter may be taken as a matter of right.
N.D.C.C. § 29-28-06 From what defendant may appeal
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An appeal may be taken by the defendant from: 1. A verdict of guilty; 2. A final judgment of conviction; 3. An order refusing a motion in arrest of judgment; 4. An order denying a motion for a new trial; or 5. An order made after judgment affecting any substantial right of the pa…
N.D.C.C. § 29-28-07 From what the state may appeal
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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 t…
N.D.C.C. § 29-28-12 Appeal by state - Effect
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An appeal taken by the state in no case stays or affects the operation of the judgment in favor of the defendant until the judgment is reversed.
N.D.C.C. § 29-28-30 Judgment reversed without new trial - Defendant discharged - Disposal of bail
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If a judgment against the defendant is reversed without ordering a new trial, the supreme court, if the defendant is in custody, shall direct that the defendant be discharged therefrom, or if on bail, that the defendant's bail be exonerated, or if money was deposited instead of b…
N.D.C.C. § 29-28-30.1 Verdict affirmed - Must be enforced
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If a verdict against the defendant is affirmed, the original verdict must stand and any court orders thereon, including suspension and deferred imposition of sentence, must be enforced.
N.D.C.C. § 29-28-31 Judgment affirmed must be enforced
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If a judgment against the defendant is affirmed, the original judgment must be enforced.
N.D.C.C. § 29-28-33 Certificate remitted - District court only has jurisdiction
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After the certificate of the judgment has been remitted to the court below, the appellate court has no further jurisdiction of the appeal or of the proceedings therein, and all orders necessary to carry the judgment into effect must be made by the district court to which the cert…
N.D.C.C. § 29-28-35 Appeal by state - Power of supreme court
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If the appeal is taken by the state, the supreme court cannot reverse the judgment or modify it so as to increase the punishment, but may affirm it, and shall point out any errors in the proceedings or in the measure of punishment, and its opinion is obligatory on the district co…