Nev. Rev. Stat. » NRS: CHAPTER 177 - APPEALS AND REMEDIES AFTER CONVICTION
Nevada Revised Statutes

Nev. Rev. Stat. § 177.085 (2026)

Effect of appeal by State

✓ current as of July 2026
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NRS 177.085  Effect of appeal by State.

      1.  An appeal taken by the State shall in no case stay or affect the operation of a judgment in favor of the defendant; but if the appeal by the State is from an order granting a motion to set aside an indictment or information, and upon such appeal the order is reversed, the defendant shall thereupon be liable to arrest and trial upon the indictment or information. In all such cases any statute of limitations on the offense from which the appeal is taken is tolled from the time the notice of appeal is filed by the State until such appeal is heard and a ruling made thereon.

      2.  If the appeal by the State is from an order allowing a motion in arrest of judgment, or granting a motion for a new trial, and upon appeal the order is reversed, the trial court shall enter judgment against the defendant.

      (Added to NRS by 1967, 1444; A 1969, 106)

     

Notes of Decisions
Cited in 2 cases, 1970–1980 · leading case: State v. Jones, 605 P.2d 202 (Nev. 1980).
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State v. Jones, 605 P.2d 202 (Nev. 1980). · cites it 2× “NRS 177.085(2). MOWBRAY and THOMPSON, JJ.”
State v. Viers, 469 P.2d 53 (Nev. 1970). “130 [now NRS 177.085], Constitutional provisions forbidding double jeopardy (Nev.”
— Nev. Rev. Stat. § 177.085(2) — 1 case
State v. Jones, 605 P.2d 202 (Nev. 1980). “NRS 177.085(2). MOWBRAY and THOMPSON, JJ.”
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