54 P. 223 | Or. | 1898
delivered the opinion.
The defendant was indicted for the crime of larceny, and interposed a plea of former acquittal. The state demurred to the plea, and, the demurrer being overruled, a trial was had, at the close of which the court instructed the jury to return a verdict of not guilty,, and, the defendant having been discharged upon the return of such verdict, the state appealed. The defendant filed a motion to dismiss the appeal, assigning as a reason therefor that the state has no right of appeal under such conditions, and this presents the sole question for determination.
The statute has prescribed that an appeal may be taken to the supreme court by the state from a judgment or order of the circuit court in a criminal action in the fol
Dismissed.