The third situation where the prosecution is afforded an appeal after final judgment in a criminal case is upon a question reserved by the prosecution provided for in Kan. Stat. Ann. § 22-3602(b)(3) (Supp. 1977). It has been held that a question reserved must be one which calls for an answer which will aid in the correct and uniform administration of the criminal law. A question reserved by the state will not be entertained on appeal merely to demonstrate errors of a trial court in rulings adverse to the state. No formal procedural steps are required by Kan. Stat. Ann. § 22-3602(b) (Supp. 1977) to appeal on a question reserved. All that is necessary for the state to do to reserve a question for presentation on appeal to the supreme court is to make proper objections or exceptions at the time the order complained of is made or the action objected to is taken.
Defendant discussed her desire to have her husband murdered with two men, whom she paid money to with an intent that they carry out his murder. Defendant dropped the two men off at her home, believing they would carry out the murder, but they never did and defendant was charged by information with conspiracy to commit murder in the first degree pursuant to Kan. Stat. Ann. §§ 21-3302, 21-3401. The two men testified that they never intended to go through with defendant's husband murder, but defendant was found guilty nonetheless. Defendant thereafter brought a motion for a judgment of acquittal based on her theory that no agreement to commit murder existed between her and the two men because there was never a meeting of the minds, which was granted by the trial court and defendant was discharged.
Does the State has the right to appeal a judgment on a motion for judgment of acquittal?
The court held that the State's appeal must have been dismissed because the State had no right to appeal a judgment on a motion for judgment of acquittal entered by the trial court, pursuant to Kan. Stat. Ann. § 22-3602(b) (Supp. 1977). The State's right to appeal was limited by statute to three situations, one of which was not the grant of a motion for judgment of acquittal.