It is said by Hr. Wharton that, at Common Law, a noUe prosequi may be at any time retracted, and is not only no bar to a subsequent prosecution on another indict- ' ment, but may be so far cancelled as to require proceedings on the original bill. (Whart. Am. Cr. L. 514.) We see nothing to prevent the defendant from consenting that the entry be set aside during the Term; as the record abundantly shows he did. The judgment is affirmed.

Judgment affirmed.