State v. Kimpel

Toni Darlene Kimpel was charged, in five separate indictments, with practicing nurse midwifery without a license. This offense is a misdemeanor under § 34-19-3, Code of Alabama 1975. The trial court, holding that § 34-19-3 is "vague and ambiguous,"1 dismissed the indictments in a pretrial order. The state appeals the trial court's ruling.

I

Kimpel argues that this court is without jurisdiction to hear this appeal. She relies on Rule 15.7(a), Ala.R.Crim.P.:

"[a]n appeal may be taken by the state in a felony case to the Court of Criminal Appeals from a pre-trial order of the circuit court (1)…