State v. Hammond

I respectfully dissent. The issues presented here are first, how to characterize Appellee’s motion; second, whether a ruling by the trial court in favor of a defendant on a motion to quash for insufficient evidence can be appealed by the State; and third, if so, under what authority-

The record shows that on April 20, 1987, Appellee filed his Motion to Quash Arrest and Suppress Evidence on the grounds that there was no probable cause for arrest and therefore the subsequent seizure of evidence was invalid. On September 16, 1987, the Appellee filed his Amended Motion to Quash, contending that…