State v. Viers

OPINION

By the Court,

Batjer, J.:

The respondent, Don Wayne Viers, was charged with assault with a deadly weapon with intent to do bodily harm. He was tried before a jury and acquitted. This appeal by the state results from that acquittal. The respondent has moved for a dismissal of the appeal and contends that NRS 177.015 is unconstitutional, to the extent that it purports to allow the state to appeal questions of law in criminal cases, after those questions have become moot, by virtue of the acquittal of the defendant.

In support of his contention the respondent relies on State v. Warmington,…