Section 29-28-07 - From what the state may appealAn appeal may be taken by the state from:
1. An order quashing an information or indictment or any count thereof.2. An order granting a new trial.3. An order arresting judgment.4. An order made after judgment affecting any substantial right of the state.5. An order granting the return of property or suppressing evidence, or suppressing a confession or admission, when accompanied by a statement of the prosecuting attorney asserting that the appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding. The statement must be filed with the notice of appeal.Amended by S.L. 2015, ch. 238 (SB 2098),§ 1, eff. 8/1/2015.