§ 16-106-109 — Appeal and error by state

(a) Appeals and writs of error may be brought by any of the prosecuting attorneys, in the name and on behalf of the state, in like manner as by individuals, except when it may be otherwise provided by law. (b) All appeals or writs of error taken or prosecuted by the state shall, ipso facto, operate as a supersedeas and suspension of all further proceedings in the cause in which the appeal may be taken or writ of error sued out, until the final disposition thereof, without bond, recognizance, or security. (c) In no case in which the state applies for an injunction shall security be required. However, if the state is entitled thereto in other respects, the injunction may be granted according to the justice and equity of the case.

Legislative History

Rev. Stat., ch. 117, § 4; Acts 1855, § 10, p. 196; C. & M. Dig., 2142, 9308; Pope's Dig., §§ 2748, 11994; A.S.A. 1947, §§ 34-214, 34-215.