STATE v. HURT

T 1 I concur in the Court's conclusion that the order appealed is not one suppressing evidence and therefore an appeal by the State cannot proceed under section 1053(5) of Title 22. However, statutes and prior case law providing for an order quashing or setting aside an information, or granting a demurrer, are limited to certain defects appearing "on the face" of the information or indictment or in the grand jury process. 22 O.S.2011, § 493, 504; State v. Hammond, 1989 OK CR 25, ¶ 5, 775 P.2d 826, 828, overruled on other grounds, State v. Young, *111994 OK CR 25, 874 P.2d 57.1

T2 The order…