N.D. Cent. Code § 29-28-35
29-28-35. Appeal by state - Power of supreme court
29-28-35. Appeal by state - Power of supreme court
If the appeal is taken by the state, the supreme court cannot reverse the judgment or modify
it so as to increase the punishment, but may affirm it, and shall point out any errors in the
proceedings or in the measure of punishment, and its opinion is obligatory on the district court
as the correct exposition of the law.