Smith v. State

This is an appeal by the state upon a reserved question of law, as provided by section 2807, Compiled Oklahoma Statutes 1921, which provides that the-state may appeal (1) upon a judgment for the defendant quashing or setting aside an information; (2) upon an order of the court arresting the judgment; and (3) upon a question reserved by the state. Appeals being of statutory origin, an appeal by the state cannot be taken in any casei, except as above stated. The question of law reserved by the state herein arose in this wise:

The defendant in error, defendant in the trial court, was charged with…