Mississippi Code Annotated section 99-35-103(b) (Rev. 2015) states that the State
may appeal a criminal circuit-court judgment that actually acquits the defendant where a
question of law has been decided adversely to the State. However, the appeal shall not
subject the defendant to further prosecution, nor shall the acquittal be reversed. Id. As such, the State can appeal the trial court’s decision; however, it is clear from the plain
language of section 99-35-103 that it can only do so for the Court to decide a question of law and the Defendant may not be re-prosecuted.