State v. Flanagan

Sec. 358.12 (8), Stats., provides that the state may appeal “From rulings and decisions adverse to the state upon all questions of law arising on the trial, with the permission of the presiding judge, in the same manner and to the same effect as if taken by the defendant.” (Italics ours.)

Inasmuch as a defendant cannot appeal from anything less than a-final order or judgment, it follows that the state cannot. There was no final order or judgment made by the circuit court in this case, and the order suppressing the evidence is not in itself appealable under sec. 358.12 (8), Stats., therefore,…