State v. Huntsman

This appeal presents the question whether the state may appeal in a criminal case pursuant to Sections 2953.02 to 2953.14, inclusive, of the Revised Code, from the action of a trial judge in granting a defendant’s motion for a new trial.1

*208At the outset, it should be noted that this court has only recently been persuaded to the view that an order granting a new trial constitutes a final appealable order. Price v. McCoy Sales & Service, Inc., 2 Ohio St. 2d 131.

That question, prior to the Price case had been presented to this court on numerous former occasions, but always within a civil, rather…