People v. Smith

Defendant-Appellee was indicted on two counts of murder. He filed a pretrial motion to suppress the statement of Edward Lee Smart as to confessions allegedly made to him while both were inmates at the Madison County Jail prior to the indictment. The trial court granted the motion to suppress, without stating reasons, and the State has taken this appeal.

The defendant argues initially that the trial judge’s ruling cannot be appealed by the State in the absence of a showing that otherwise the State will have insufficient evidence to proceed with its prosecution. We find no merit in this…