Sec. 54-96. Appeals by the state from Superior Court in criminal cases.
Sec. 54-96. Appeals by the state from Superior Court in criminal cases. Appeals from the rulings and decisions of the Superior Court, upon all questions of law
arising on the trial of criminal cases, may be taken by the state, with the permission of
the presiding judge, to the Supreme Court or to the Appellate Court, in the same manner
and to the same effect as if made by the accused.
(1949 Rev., S. 8812; 1963, P.A. 642, S. 74; P.A. 80-442, S. 23, 28; June Sp. Sess. P.A. 83-29, S. 52, 82.)
History: 1963 act deleted provisions re appeals from common pleas court; P.A. 80-442 allowed appeals to be taken to
appellate session of superior court, effective July 1, 1981; June Sp. Sess. P.A. 83-29 deleted reference to appellate session
of the superior court and added reference to appellate court.
Right of appeal not limited to errors during trial alone, but extends to errors in earlier part of proceedings. 58 C. 100.
This section authorizes an appeal in the nature of a motion for a new trial after acquittal; bail. 65 C. 278; 106 C. 115. Proper
method to pursue to secure rulings on evidence for appeal; asking prejudicial questions before jury to secure rulings on
evidence held error. 100 C. 215. For full discussion as to proper method to be pursued by state in taking an appeal in a
criminal case, see 106 C. 115. To review judgment of city court state may bring writ of error. 118 C. 373. Statute held
constitutional. 122 C. 542; 302 U.S. 319. Cited. 150 C. 246. Cited. 163 C. 230. Cited. 164 C. 637. Rulings and decisions
appealable under this section include any proceeding from which either criminal defendant or party to civil trial could
appeal. 170 C. 337. State has right to appeal in criminal cases only from superior court on questions of law with permission
of presiding judge. 171 C. 417. Cited. Id., 600. Cited. 174 C. 100. Cited. 176 C. 224. Double jeopardy does not attach as
long as a retrial is not required in the event the state prevails in its appeal. 178 C. 450. Cited. 181 C. 284. Cited. 187 C.
109. Cited. 188 C. 183; Id., 626. State's motion for dismissal with prejudice in order to allow appeal from suppression
order discussed. 189 C. 42. Cited. Id., 228; Id., 360; Id., 717. Cited. 191 C. 506. Cited. 192 C. 471. Cited. 194 C. 594.
Cited. 197 C. 436. Jurisdictional predicate for appeal exists only if trial court abused discretion in denying motion for
permission to appeal. 202 C. 300. Cited. 209 C. 23. Cited. 210 C. 110. Cited. 213 C. 66; Id., 708. Cited. 214 C. 657; Id.,
692. Cited. 215 C. 189. Cited. 219 C. 752. Cited. 223 C. 411. Cited. 224 C. 656; judgment reversed, see 31 CA 452. Cited.
225 C. 355. Cited. 226 C. 514. Cited. 229 C. 178. Cited. 230 C. 427; Id., 608. Cited. 236 C. 659. Judgment of appellate
court in State v. Rosario, 33 CA 550 reversed on appeal of state with respect to suppression of evidence pursuant to this
section. 238 C. 380. Cited. Id., 828. Cited. 240 C. 317; Id., 708. Cited. 241 C. 823. Trial court abuses its discretion in
denying state permission to appeal under this section if state demonstrates that the issues are debatable among jurists of
reason, that a court could resolve the issues in a different manner, or that the questions are adequate to deserve encouragement
to proceed further. 261 C. 395. In denying state permission to appeal, trial court misconstrued the law of unanimity in
context of a capital felony penalty hearing and, by doing so, improperly concluded that jury reached a lawful verdict. 271
C. 338.
Cited. 1 CA 378. Cited. 2 CA 605. Cited. 3 CA 477. Cited. 4 CA 520. Cited. 7 CA 131. Cited. 10 CA 147; Id., 532.
Cited. 15 CA 289. Cited. 17 CA 385. Cited. 18 CA 658. Cited. 19 CA 631; Id., 686. Cited. 20 CA 321. Appeal period runs
from date permission to appeal is granted. 23 CA 559. Cited. 25 CA 235. Cited. 26 CA 667. Cited. 27 CA 427. Cited. 29
CA 512. Cited. 32 CA 1. Cited. 34 CA 1. Cited. 36 CA 803; judgment reversed, see 235 C. 659; see also 241 C. 823. Cited.
39 CA 550; judgment reversed with respect to suppression of evidence, see 238 C. 380. Cited. 40 CA 544; Id., 789. Cited.
42 CA 1; Id., 17; Id., 186; judgment reversed, see 241 C. 823 et seq. Cited. 43 CA 698. Cited. 45 CA 722. Cited. 46 CA
350. Probation revocation hearing is a criminal case that can be appealed under this section. 50 CA 187. Trial court
improperly denied state permission to appeal on the bases of inadequacy of record where state rectified record, lack of
jurisdiction over defendant solely for prosecutor's failure to sign the information pursuant to Sec. 36-12, and state's failure
to indicate its intention to appeal on date of dismissal of charges where state impliedly expressed its intent by seeking "one
week" and planned to file motion to appeal within that period. 51 CA 676. In the absence of either permission to appeal
or challenge to trial court's denial of permission to appeal, appellate court lacks subject matter jurisdiction to hear an appeal
pursuant to Sec. 54-96. 55 CA 250. Where there was sufficient basis in the evidence to support court's finding on a motion
to suppress and there had been a full evidentiary hearing on such motion, the record was such that there was no clear,
arbitrary and extreme abuse of discretion such that an injustice appears to have been done and, therefore, trial court's denial
of state's request for permission to appeal was not an abuse of discretion. 64 CA 495.
Cited. 38 CS 521.