State v. Wagner

BIEGELMEIER, Judge.

Petitions for permission to appeal from intermediate orders (SDCL 15-26-10 and SDCL 23-51-5) have heretofore been determined only by order; however, by reason of the importance of questions of procedure hereafter mentioned it was deemed advisable to write an opinion.

In #11102 the state has attempted to appeal from what is denominated an order of the Municipal Court of the City of Rapid City granting a defendant's motion to suppress certain evidence and from the court's final judgment granting defendant's motion to dismiss the state's complaint, and in #11113 the state has…