PROCEEDINGS IN CRIMINAL CASES
606:10 Appeals by the State.
I. As used in this section, "order" shall mean any decision by a court on a question of law including, but not limited to, any order, ruling, decision or judgment.
II. An appeal may be taken by the state in criminal cases on questions of law from the district or municipal courts or from the superior court to the supreme court from:
(a) An order of the court prior to trial which suppresses any evidence including, but not limited to, physical or identification evidence or evidence of a confession or admission;
(b) An order prior to trial which prevents the state from obtaining evidence;
(c) A pretrial dismissal of an indictment, information or complaint; or
(d) Any other order of the court prior to trial if, either because of the nature of the order in question or because of the particular circumstances of the case, there is a reasonable likelihood that such order will cause either serious impairment to or termination of the prosecution of any case.
III. An appeal may be taken by the state from the superior court or the district or municipal courts to the supreme court, after trial and after a finding of guilty by a jury or the court, from:
(a) The granting of a motion for a new trial;
(b) Dismissal; or
(c) Any other order requiring a new trial or resulting in termination of the prosecution in favor of the accused if an appeal of such order would be permitted by the double jeopardy provisions of the constitutions of the United States and New Hampshire.
IV. An appeal taken pursuant to paragraph II shall be taken before the defendant has been placed in jeopardy.
V. No appeal may be taken pursuant to this section unless the attorney general approves such appeal. Written approval of the attorney general shall be filed:
(a) At the time the notice of the appeal is filed; or
(b) Within 5 business days, if the attorney for the state filing the notice of appeal states in such notice that the attorney general has orally given his approval.
VI. The provisions of this section shall be liberally construed to effectuate its purpose of insuring that the state is able to proceed to trial with all of the evidence which it is legally entitled to introduce, in view of the limited ability of the state to have error reviewed after trial.
VII. The supreme court may adopt rules implementing the provisions of this section.
Source. 1985, 32:1, eff. Jan. 1, 1986.