State v. Sierp

This is an attempted appeal by the State (Appellant) of a reserved question of law under the authority of the Acts of 1905, ch. 169, § 325 as amended by Acts of 1955, ch. 315, § 1; 1956 Repl. Burns Ind. Stat. Ann. § 9-2304; IC 1971, 35-1-47-2, which provides:

“Appeals to the Snpreme Court may be taken by the state in the following cases:

Fourth. Upon a question reserved by the state.”

The defendant (appellee has challenged our jurisdiction and asked that the appeal be dismissed.

Defendant was charged with second degree murder. During the course of the trial the defendant moved for a mistrial and…