State v. Miller

Citations

• 82 Wash. 477
• 144 P. 693
• 1914 Wash. LEXIS 1541

Syllabus

<p>Criminal Law — Appeal—Right op State to Appeal — Statutes— Construction. Under Rem. & Bal. Code, § 1716, giving the state the right of appeal in a criminal case where the error is in setting aside the indictment or information, or in arresting the judgment on the ground of insufficiency of the facts alleged, “or in some other material error not affecting the acquittal of the prisoner on appeal,” the state has a right to appeal from a dismissal on the ground that the defendant was not brought to trial within sixty days after a remittitur was received from the supreme court under Id., §2312; since the error arising on the construction of the statute was one of law, and judgment of dismissal on that ground in no sense affected the acquittal of the prisoner upon the merits.</p>