IN the case of an indictment, where there has been a trial on the merits by a competent Court, and a judgment for the defendant, the judgment will not be reversed for an error of the Court, in refusing to permit the prosecuting attorney to enter a nolle prosequi, or in rejecting evidence offered by him; the defendant not being liable to be put in jeopardy again for the same offence. The State v. Davis, 4 Blackf. 345. — The State v. Bouche, 5 id. 154.