State v. Ali

OPINION

PAGE, Justice.

Two questions are presented in this appeal: (1) whether the denial of a defendant’s motion to dismiss an indictment for murder for lack of subject matter jurisdiction is immediately appealable as of right; and (2) the appropriate evidentiary standard to be applied to the question of a defendant’s age on the date of the alleged offense. We conclude that the denial of a defendant’s motion to dismiss an indictment for lack of subject matter jurisdiction is immediately appealable as of right. We further conclude that the State bears the burden of proving the defendant’s age…