State v. Keep

NESBETT, Chief Justice.

In our opinion No. 269 in this case we held that the state had no right to petition the superior court for review of a judgment of acquittal rendered by a district magistrate court.

The state had argued that the magistrate had committed at least three errors of law in his rulings during the trial and had then granted a judgment of acquittal to the defendant. It was pointed out that numerous cases were pending involving similar charges and that the proper outcome of all of the cases would depend upon a correct and uniform application of the law. For this reason, the state…