State v. Humphries

The opinion of the Court was delivered by

Manning, J.

A motion to dismiss was filed on the ground that the State cannot appeal from a judgment adverse to her in a criminal case, but it is abandoned, the decision of State vs. Taylor, 34 Ann. 978, having settled the contrary where the appeal is from a judgment quashing the indictment before trial, and the offence charged is punishable capitally or with imprisonment at hard labor.

The indictment is based on Rev. Stats. Sec. 790: If any person lying in wait, or in the perpetration or attempt to perpetrate any arson, rape, robbery, or burglary, shall…