Appeals to the Court of Criminal Appeals may be taken by the state or a municipality in the following cases only:

1. 1. Upon judgment for the defendant on quashing or setting aside an indictment or information;
2. 2. Upon an order of the court arresting the judgment;
3. 3. Upon a question reserved by the state or a municipality;
4. 4. Upon judgment for the defendant on a motion to quash for insufficient evidence in a felony matter;

5. 5. Upon a final pretrial order, decision, or judgment:

   1. a. suppressing evidence on constitutional grounds, or

   2. b. excluding evidence on any other grounds,

      where appellate review of the issue would be in the best interests of justice;

6. 6. Upon a final pretrial order, decision or judgment:

   1. a. suppressing evidence on constitutional grounds, or

   2. b. excluding evidence on any other grounds,

      in cases alleging a violation of any of the provisions of Section 13.1 of Title 21 of the Oklahoma Statutes; and

7. 7. Upon an order, decision or judgment finding that a defendant is immune from or not subject to criminal prosecution.

   Priority shall be given to appeals taken pursuant to paragraph 5, 6, or 7 of this section, and an order staying proceedings shall be entered pending the outcome of the appeal.

R.L. 1910, § 5990; Amended by Laws 1978, SB 208, c. 248, § 2, emerg. eff. July 1, 1978; Amended by Laws 1990, SB 453, c. 261, § 3, emerg. eff. May 24, 1990; Amended by Laws 2002, SB 1536, c. 460, § 21, eff. November 1, 2002 (superseded document available); Amended by Laws 2009, SB 611, c. 274, § 3, eff. November 1, 2009 (superseded document available); Amended by Laws 2022, SB 1742, c. 209, § 2, eff. November 1, 2022 (superseded document available); Amended by Laws 2026, HB 3497, c. 127, § 1, eff. November 1, 2026 (superseded document available).