State v. Heiner

I concur with all of that said in the majority opinion but find it appropriate to indicate a few of the fallacies contained in the dissenting opinion.

FALLACY NO. 1: JUSTICE

The dissenting opinion begins with reference to there being a subversion of justice in allowing certiorari in a criminal case or in accepting an appeal by the state from a final order terminating the proceeding before jeopardy attaches in a criminal case. The dissenting opinion contends that a bill of exceptions taken pursuant to §§ 7-12-101 through 7-12-105, W.S.1977, is the only means available to the people of the state…