State ex rel. Fallis v. Patton

ORDER

This is an attempted appeal under Title 22 O.S.Supp.1980, § 1053 from an order of the District Court of Tulsa County, which sustained a motion to quash and motion to suppress and dismissed Cases No. CRF-81-516, CRF-81-517, CRF-81-518 *1267and CRF-81-515. This statute provides for appeals by the State in certain cases, however this statute does not allow the State to appeal a motion to quash for insufficient evidence sustained by the district court, but only for indictment set aside pursuant to 22 O.S.1971, § 493.

The authority of the district court to enter the order of dismissal was founded…