State v. Coolidge

In this jurisdiction, the authority of the Attorney General to enter a nolle prosequi in advance of trial is firmly *427established. State v. Swift, 101 N. H. 340, 343; State v. Lavallee, 104 N. H. 443, 446. Nor is it restricted by statute or rule of court. State v. Smith, 49 N. H. 155. Cf. Federal Rules of Criminal Procedure, Rule 48 (a).

Klopfer v. North Carolina, 386 U. S. 213, relied upon by the defendant in support of its “motion to dismiss notwithstanding the nol pross,” requires no different conclusion. The entry in that case of “nolle prosequi with leave,” under the North Carolina practice…