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.