29-2316. Error proceedings by prosecuting attorney; decision on appeal; effect.

The judgment of the court in any action taken pursuant to section 29-2315.01 shall not be reversed nor in any manner affected when the defendant in the trial court has been placed legally in jeopardy, but in such cases the decision of the appellate court shall determine the law to govern in any similar case which may be pending at the time the decision is rendered or which may thereafter arise in the state. When the decision of the appellate court establishes that the final order of the trial court was erroneous and the defendant had not been placed legally in jeopardy prior to the entry of such erroneous order, the trial court may upon application of the prosecuting attorney issue its warrant for the rearrest of the defendant and the cause against him or her shall thereupon proceed in accordance with the law as determined by the decision of the appellate court.

Source:G.S.1873, c. 58, § 517, p. 836; R.S.1913, § 9187; C.S.1922, § 10194; C.S.1929, § 29-2316; R.S.1943, § 29-2316; Laws 1959, c. 121, § 3, p. 454; Laws 1991, LB 732, § 81; Laws 1992, LB 360, § 9; Laws 2003, LB 17, § 12.