State v. Eley

This appeal was perfected by the State as a result of a ruling by the Circuit Court of Montgomery County granting appellee's motion to dismiss an assault charge on a plea of former jeopardy, and was in accordance with Act 82-860, which permitted appeals by the State from certain pre-trial proceedings.

Appellee then filed in this court a motion to dismiss the State's appeal on the basis that Act 82-860 was not constitutionally enacted and is, therefore, null and void. We now come to consider that motion to dismiss.

The facts. S.B. 60, which was subsequently designated Act 82-860, was duly passed…