State v. Troyer

HOWE, Associate Chief Justice:

This case is before us on rehearing of defendant’s motion to dismiss the State’s appeal from an order of the district court dismissing all criminal charges against defendant. The motion is based on defendant’s contention that the State does not have a statutory right of appeal in this instance.

Defendant was charged with first degree murder, a capital crime. Following a preliminary hearing, he was bound over for trial in the district court. In a series of four separate suppression orders entered between January 3, 1990, and March 3, 1991, the district court…