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29-28 Appeals

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CHAPTER 29-28APPEALS29-28-01. Review proceedings by appeal - Writ of error abolished. Superseded byN.D.R.App.P., Rule 1.29-28-02. Who may appeal. Either the defendant or the state may take an appeal asprovided in this chapter.29-28-03. Appeals are matter of right. An appeal to the supreme court provided for inthis chapter may be taken as a matter of right.29-28-04. Designation of parties on appeal. Superseded by N.D.R.Crim.P., Rule 37.29-28-05.Appeal by one of several defendants.Superseded by N.D.R.App.P.,Rule 3.29-28-06.From what defendant may appeal.An appeal may be taken by thedefendant from:1.A verdict of guilty;2.A final judgment of conviction;3.An order refusing a motion in arrest of judgment;4.An order denying a motion for a new trial; or5.An order made after judgment affecting any substantial right of the party.29-28-07. From what the state may appeal. An appeal may be taken by the statefrom:1.An order quashing an information or indictment or any count thereof.2.An order granting a new trial.3.An order arresting judgment.4.An order made after judgment affecting any substantial right of the state.5.An order granting the return of property or suppressing evidence, or suppressing a<br>confession or admission, when accompanied by a statement of the prosecuting<br>attorney asserting that the appeal is not taken for purpose of delay and that the<br>evidence is a substantial proof of a fact material in the proceeding. The statement<br>must be filed with the clerk of district court and a copy must accompany the notice of<br>appeal.29-28-08. Time for appeals in criminal cases. Superseded by N.D.R.Crim.P., Rule 37.29-28-09. Manner of taking appeal - Notice. Superseded by N.D.R.Crim.P., Rules 37,38.29-28-10. Personal service impossible - Publication. Superseded by N.D.R.Crim.P.,Rule 49.29-28-11. When appeal deemed taken. Superseded by N.D.R.Crim.P., Rule 37.Page No. 129-28-12. Appeal by state - Effect. An appeal taken by the state in no case stays oraffects the operation of the judgment in favor of the defendant until the judgment is reversed.29-28-13. What judgments superseded by appeal - Certificate of probable cause.Superseded by N.D.R.Crim.P., Rule 38.29-28-14. Certificate of probable cause issued - Duty of sheriff. Superseded byN.D.R.Crim.P., Rule 38.29-28-15.Execution suspended during pendency of appeal.Superseded byN.D.R.Crim.P., Rule 38.29-28-16. Stay on appeal - Custody of defendant. Superseded by N.D.R.Crim.P.,Rules 38, 46.29-28-17. Certificate of appeal taken and bail put in - Duty of sheriff. Superseded byN.D.R.Crim.P., Rules 38, 46.29-28-18. Transmission of papers to supreme court. Superseded by N.D.R.App.P.,Rule 11.29-28-19.Printing of transcripts or briefs not required.Superseded byN.D.R.App.P., Rule 32.29-28-20.Irregularity in substantial particulars - Notice.Superseded byN.D.R.App.P., Rules 3, 27.29-28-21.An appeal must not be dismissed for informality.Superseded byN.D.R.App.P., Rule 3.29-28-22. Appeal stands for argument at first term. Superseded by N.D.R.App.P.,Rule 45.29-28-23. When verdict or judgment must be affirmed - Reversal. Superseded byN.D.R.App.P., Rule 34.29-28-24. Number of counsel heard. Superseded by N.D.R.App.P., Rule 34.29-28-25.Defendant need not appear in supreme court.Superseded byN.D.R.App.P., Rule 34.29-28-26.Technical errors to be disregarded on appeal.Superseded byN.D.R.Crim.P., Rule 52.29-28-27.Court may review intermediate orders.Superseded by N.D.R.App.P.,Rule 35.29-28-28. Power of supreme court on appeal. Superseded by N.D.R.App.P., Rule 35.29-28-29. New trial ordered - Where had. Superseded by N.D.R.App.P., Rule 35.29-28-30. Judgment reversed without new trial - Defendant discharged - Disposalof bail. If a judgment against the defendant is reversed without ordering a new trial, the supreme<br>court, if the defendant is in custody, shall direct that the defendant be discharged therefrom, or if<br>on bail, that the defendant's bail be exonerated, or if money was deposited instead of bail, that it<br>be refunded to the defendant.Page No. 229-28-30.1. Verdict affirmed - Must be enforced. If a verdict against the defendant isaffirmed, the original verdict must stand and any court orders thereon, including suspension and<br>deferred imposition of sentence, must be enforced.29-28-31. Judgment affirmed must be enforced. If a judgment against the defendantis affirmed, the original judgment must be enforced.29-28-32.Judgment of court entered - Certificate.Superseded by N.D.R.App.P.,Rule 36.29-28-33.Certificate remitted - District court only has jurisdiction.After thecertificate of the judgment has been remitted to the court below, the appellate court has no<br>further jurisdiction of the appeal or of the proceedings therein, and all orders necessary to carry<br>the judgment into effect must be made by the district court to which the certificate is remitted.29-28-34.Imprisonment, reversal, reimprisonment - Deduction of time alreadyserved. 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