Section 12-22-91

Appeal when statute under which prosecution preferred held unconstitutional.

In all criminal cases when the act of the Legislature under which the indictment or information is preferred is held to be unconstitutional, the district attorney may take an appeal in behalf of the state to the Supreme Court, which appeal shall be certified as other appeals in criminal cases, and the clerk must transmit, without delay, the record on appeal and the notice of appeal to the Supreme Court.

(Code 1886, §4515; Code 1896, §4315; Code 1907, §6246; Code 1923, §3239; Code 1940, T. 15, §370.)