Supreme Court of Vermont, 1801

State v. I. S. S.

State v. I. S. S.
Supreme Court of Vermont · Decided June 15, 1801
1 Tyl. 178

State v. I. S. S.

Opinion of the Court

Per Cúriam.

We consider the State Attorney’s prerogative of entering a nolle prosequi to be'suspended while the cause is in issue to the Jury. He cannot then enter without leave of Court.

The defence here is ample and honourable to the accused. He is entitled to a verdict. Let the trial proceed.

The Jury returned a verdict of non out. and defendant was discharged.

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