CHAPTER 29-28 APPEALS 29-28-01. Review proceedings by appeal - Writ of error abolished

Superseded by N.D.R.App.P., Rule 1

29-28-02. Who may appeal

Either the defendant or the state may take an appeal as provided in this chapter

29-28-03. Appeals are matter of right

An appeal to the supreme court provided for in this 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Superseded by N.D.R.Crim.P., Rule 37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Superseded by N.D.R.App.P., Rule 3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 the defendant from: 1

2

3

4

5

A verdict of guilty; A final judgment of conviction; An order refusing a motion in arrest of judgment; An order denying a motion for a new trial; or 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 state from: 1

2

3

4

5

An order quashing an information or indictment or any count thereof

An order granting a new trial

An order arresting judgment

An order made after judgment affecting any substantial right of the state

An order granting the return of property or suppressing evidence, or suppressing a confession or admission, when accompanied by a statement of the prosecuting attorney asserting that the appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding. The statement must be filed with the notice of 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Superseded by N.D.R.Crim.P., Rule 37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Superseded by N.D.R.Crim.P., Rules 37, 38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Superseded by N.D.R.Crim.P., Rule 49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Superseded by N.D.R.Crim.P., Rule 37

29-28-12. Appeal by state - Effect

An appeal taken by the state in no case stays or affects the operation of the judgment in favor of the defendant until the judgment is reversed

Page No. 1 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 What judgments superseded by appeal - Certificate of probable cause

Superseded by N.D.R.Crim.P., Rule 38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Superseded by N.D.R.Crim.P., Rule 38

29-28-15. Execution suspended during pendency of appeal

Superseded by N.D.R.Crim.P., Rule 38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Superseded by N.D.R.Crim.P., Rules 38, 46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 by N.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 by N.D.R.App.P., Rule 32

29-28-20. Irregularity in substantial particulars - Notice

Superseded by N.D.R.App.P., Rules 3, 27

29-28-21. An appeal must not be dismissed for informality

Superseded by N.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 by N.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 by N.D.R.App.P., Rule 34

29-28-26. Technical errors to be disregarded on appeal

Superseded by N.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

Page No. 2 bail

29-28-30. Judgment reversed without new trial - Defendant discharged - Disposal of If a judgment against the defendant is reversed without ordering a new trial, the supreme court, if the defendant is in custody, shall direct that the defendant be discharged therefrom, or if on bail, that the defendant's bail be exonerated, or if money was deposited instead of bail, that it be refunded to the defendant

29-28-30.1. Verdict affirmed - Must be enforced

If a verdict against the defendant is affirmed, the original verdict must stand and any court orders thereon, including suspension and deferred imposition of sentence, must be enforced

29-28-31. Judgment affirmed must be enforced

If a judgment against the defendant is 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 the certificate of the judgment has been remitted to the court below, the appellate court has no further jurisdiction of the appeal or of the proceedings therein, and all orders necessary to carry 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 already served

Repealed by S.L. 1975, ch. 106, ยง 673

29-28-35. Appeal by state - Power of supreme court

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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