An appeal by a prosecuting attorney in a criminal case may be taken to the Supreme Court, as a matter of right, from a judgment or order of a circuit court that: (1) Sets aside a verdict and entering judgment of acquittal; (2) Sustains a motion to dismiss an indictment or information, as to any one or more counts, or any part thereof, on statutory grounds or otherwise; (3) Grants a motion for arrest of judgment or a motion for a new trial; or (4) Finds mitigating circumstances to exist in deviating from the mandatory sentencing provisions of § 22-42-2 . However, any appeal does not bar or preclude another prosecution of the defendant for the same offense, unless the dismissal is affirmed by the Supreme Court.
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