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STATE v. WARMINGTON

No. 4802.

403 P.2d 849 (1965)

The STATE of Nevada, Appellant, v. Maralyn WARMINGTON, Respondent.

Supreme Court of Nevada

July 6, 1965

Attorney(s) appearing for the Case

Harvey Dickerson, Atty. Gen., of Carson City, Edward G. Marshall, Dist. Atty., James M. Bartley, Deputy Dist. Atty., of Las Vegas, for appellant.

Harry E. Claiborne, Thomas J. O'Donnell, Las Vegas, for respondent.

THOMPSON, Justice.

Maralyn Warmington was charged with the murder of her husband, tried, and acquitted by the jury. This appeal by the state followed. The main issue is the constitutionality of NRS 177.065 which allows the state to "appeal questions of law in criminal cases when such questions have become moot by virtue of acquittal of the defendant."1 The state contends that the statute is constitutionally permissible, and asks that we...

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