State v. Brackin

Citations

• 113 La. 879
• 37 So. 863
• 1905 La. LEXIS 788

Syllabus

<p>CRIMINAL LAW — PLEA—NOT GUILTY — ENTRY OF NOLLE PROSEQUI — EFFECT.</p> <p>1. When the plea of not guilty, interposed in a prosecution for felony, is withdrawn, and the plea, demurrer, or motion substituted therefor is overruled, the plea of not guilty is not thereby reinstated, and should be re-entered before trial.</p> <p>2. The authority of the prosecuting officer, in a case of felony, to enter a nolle prosequi after the trial has begun and before verdict, is subject only to the right of the defendant to insist upon going on with the trial; and, if he does not so insist, the nolle prosequi operates only to discharge the particular indictment or information under which he is being prosecuted, and does not bar a subsequent prosecution for the same offense. ></p> <p>(Syllabus by the Court.)</p>