Indiana Statutes

§ 35-38-4-4 — Effect of appeal taken by state

Indiana·Art. 38 PROCEEDINGS FOLLOWING DISMISSAL,·Ch. 4 Appeals
An appeal taken by the state does not stay, or affect the operation of, the judgment in favor of the defendant until the judgment is reversed. However, if an appeal is taken by the state from an order or judgment by which the defendant is discharged before trial, the order or judgment does not constitute a bar to further prosecution of the defendant.

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Related

State v. Greenwood
649 N.E.2d 641 (Indiana Court of Appeals, 1995)

Legislative History

As added by P.L.311-1983, SEC.3.

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