State v. Loddy

WILKINS, Justice:

This is an appeal by the Tooele county attorney from an order of the District Court of that county dismissing a charge of theft against Defendant Delbert Dean Lod-dy. The right to appeal from such an order was, at the time the appeal was taken, granted by Section 77-39-4(l). 1 This section was replaced as of July 1, 1980, by Section 77-35-26.

In attacking the dismissal, the county attorney raises two issues, and defendant maintains that the county attorney lacks authority to bring this appeal. As we agree with defendant, only that issue will be here addressed.

In State v.…