State v. Murrey

Citations

• 30 Wash. 383
• 70 P. 971
• 1902 Wash. LEXIS 699

Syllabus

<p>CRIMINAL LAW-APPEAL BY STATE.</p> <p>Under Bal. Code, § 6500, subd. 7, restricting the state’s right of appeal in criminal cases to orders setting aside the indictment or information, orders arresting judgment on the ground the facts do not constitute a crime, or some material error in law not affecting the acquittal of the prisoner on the merits, the state has no right of appeal, where defendants, who have been discharged on habeas corpus, thereafter procure a dismissal of the proceedings against them and are awarded a judgment for costs on their preliminary examination.</p>