For the state to appeal in a criminal case under Kan. Stat. Ann. § 22-3602(b)(3) (Supp. 1977), it must reserve a question that calls for an answer that will aid in the uniform administration of the criminal law, not merely a decision that is adverse to the state.
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 have 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.