State v. Antes

Two issues are presented:(1) Is the order dismissing the informations, but with leave to amend them, appealable?(2) Is an unloaded pellet gun a dangerous weapon?

On the question of appealability, both the state and the defendant agree the applicable statute is sec. 974.-05 (1) (a), which provides:

“(1) A writ of error or appeal may be taken by the state from any:

“(a) Final order or judgment adverse to the state made before jeopardy has attached or after waiver thereof.”

“ *. . . [T]he test to determine whether an order is a “final order” is its effect on the rights of the parties. _ If an order…