Appeal by prosecution from judgment setting aside verdict, dismissal, arrest of judgment, new trial, or deviation from mandatory sentence

SDCL § 23A-32-4 — under APPEALS TO SUPREME COURT.

SDCL § 23A-32-4

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 that: (1) Sets aside a verdict and entering judgment of acquittal; (2) Sustains a motion to dismiss an indictment or information, as to any one or more counts, or any part thereof, on statutory grounds or otherwise; (3) Grants a motion for arrest of judgment or a motion for a new trial; or (4) Finds mitigating circumstances to exist in deviating from the mandatory sentencing provisions of §