State v. Reath, 2003 SD 144

Summary

The Supreme Court of South Dakota dismissed the State's attempted appeal from a circuit court judgment of acquittal entered after the State's case-in-chief. The court held that South Dakota statutes authorize certain prosecutorial appeals but do not authorize an appeal from a judgment of acquittal, leaving the court without jurisdiction.

Holdings

1. The State may not appeal the circuit court's judgment of acquittal because South Dakota statutes do not authorize a prosecutorial appeal from a judgment of acquittal, and the Supreme Court therefore lacks appellate jurisdiction.

Questions Presented

1. Whether the State may appeal a judgment of acquittal entered after the close of its case-in-chief.

Disposition

dismissed