State v. Bartlett

Indictment for assault and battery, with intent to commit murder. Trial by jury, and verdict of acquittal.

The state appeals. This is expressly provided for in the practice act. Thus: “ Appeals to the Supremé Court may be taken by the state in the following cases, and no others:

“ First. Upon a judgment for the defendant on quashing or setting aside an information or indictment.

“ Second. Upon an order of the Court arresting the judgment.

“ Third. Upon a question reserved by the state.” 2 B. S. p. 381.

It is elsewhere provided, that the prosecuting attorney may except to any opinion of the Court…