North Dakota Statutes
§ 29-28-35 — Appeal by state - Power of supreme court
North Dakota § 29-28-35
This text of North Dakota § 29-28-35 (Appeal by state - Power of supreme court) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
N.D. Cent. Code § 29-28-35 (2026).
Text
If the appeal is taken by the state, the supreme court cannot reverse the judgment or modify
it so as to increase the punishment, but may affirm it, and shall point out any errors in the
proceedings or in the measure of punishment, and its opinion is obligatory on the district court
as the correct exposition of the law.
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Related
State v. Neilan
2021 ND 217 (North Dakota Supreme Court, 2021)
State v. Bearce
2023 ND 231 (North Dakota Supreme Court, 2023)
Interest of K.I.B.
2025 ND 157 (North Dakota Supreme Court, 2025)
Nearby Sections
15
§ 29-01-01
How crimes prosecuted - Exceptions§ 29-01-03
How prosecution entitled§ 29-01-04
Affidavits need not be entitled§ 29-01-05
Party defendant is party prosecuted§ 29-01-06
Rights of defendant§ 29-01-06.1
Rights of defendant - Exception§ 29-01-06.2
Summoned person to report to sheriff§ 29-01-07
Only once prosecuted§ 29-01-08
Extent of restraint permissible§ 29-01-09
How conviction can be had§ 29-01-10
Where district courts held§ 29-01-12
Decision of district court reviewable§ 29-01-13
DefinitionsCite This Page — Counsel Stack
Bluebook (online)
North Dakota § 29-28-35, Counsel Stack Legal Research, https://law.counselstack.com/statute/nd/29-28-35.