Nevada Supreme Court July 6, 1965, No. 4802 (State v. Warmington)

*370OPINION

By the Court,

Thompson, J.:

Maralyn Warmington was charged with the murder of her husband, tried, and acquitted by the jury. This appeal by the state followed. The main issue is the constitutionality of NRS 177.065 which allows the state to “appeal questions of law in criminal cases when such questions have become moot by virtue of acquittal of the defendant.