State v. Portee

In this action, the defendant was charged with grand larceny. The trial court, at the close of the state’s evidence, granted a motion for a directed verdict, and the case is here on the state’s appeal. The respondent has moved to dismiss.

The state asserts its right to appeal by virtue of the provisions of Rem. Rev. Stat., §2183-1 [P.P.C. §5-3], and specifically by that portion thereof which we italicize in quoting that section:

“The state may have a right of appeal to the supreme court, upon giving the same notice as is required of other parties, when the error complained of is based on the…