State v. Frazier

Citations

• 52 La. Ann. 1305

Syllabus

<p>Syllabus.</p> <p>1. The law sanctions an amicable settlement of assault and battery and misdemeanor cases, and authorizes the prosecuting officer to enter a nolle prosequi. But there is no mandate to him to discontinue the prosecution on the demand of the party or parties who originated the same.</p> <p>2. If he think the ends of public justice may not suffer by reason thereof, he is empowered to acquiesce in the settlement made by the parties .concerned and discontinue the prosecution.</p> <p>3. On the other hand, if he think otherwise, and that the case is one where the party charged should be held answerable to the law, he has the discretion vested in him to decline the settlement made ex cathedra and proceed with the prosecution.</p> <p>4. The State is entitled to legal interest on the amount of forfeited bail bonds from the date, of the rendition of the judgment of forfeiture.</p>