The only case, perhaps, 'in which a nol. pros, cannot be entered, without the defendant’s consent, is where the cause has been committed to the jury, and the government fail to prove the defendant’s guilt, or he makes out a clear defence. Commonwealth v. Wade, 17 Pick. 395. The State v. I. S. S. 1 Tyler, 178. The State v. Roe, 12 Verm. 109.

The court overruled the exceptions.