§641-13 By State in criminal cases. An appeal may be taken by and on behalf of the State from the district or circuit courts to the intermediate appellate court, subject to chapter 602, in all criminal matters, in the following instances: (1) From an order or judgment quashing, setting aside, or sustaining a motion to dismiss any indictment, information, or complaint or any count thereof; (2) From an order or judgment sustaining a special plea in bar or dismissing the case where the defendant has not been put in jeopardy; (3) From an order granting a new trial; (4) From an order arresting judgment; (5) From a ruling on a question of law adverse to the State, where the defendant was convicted and appeals from the judgment; (6) From the sentence, on the ground that it is illegal; (7) From a pretrial order granting a motion for the suppression of evidence, including a confession or admission, or the return of property, in which case the appellate court shall give priority to the appeal and the order shall be stayed pending the outcome of the appeal; (8) From an order denying a request by the State for protective order for nondisclosure of witness for reason of personal safety under rule 16(e)(4) of the Hawaii rules of penal procedure, in which case the appellate court shall give priority to the appeal and the order shall be stayed pending outcome of the appeal; (9) From a judgment of acquittal following a jury verdict of guilty; and (10) From a denial of an application for an order of approval or authorization of the interception of a wire, oral, or electronic communication pursuant to section 803-44. [L 1911, c 40, §1; RL 1925, §2522; am L 1931, c 37, §2; RL 1935, §3551; RL 1945, §9552; RL 1955, §212-2; HRS §641-12; am L 1972, c 148, §1; ren HRS §641-13; am L 1977, c 146, §1; am L 1979, c 111, §6(4); am L 1982, c 81, §1; am L 1987, c 84, §1; am L 2004, c 62, §2 and c 202, §70; am L 2006, c 94, §1 and c 200, §3; am L 2010, c 109, §1]
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