Reynolds v. State
Supreme Court of Georgia
Indictment for Murder, and trial and conviction for Voluntary Manslaughter. In Stewart Superior Court. Before Judge Alexander.
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Indictment for Murder, and trial and conviction for Voluntary Manslaughter. In Stewart Superior Court. Before Judge Alexander. April Term, 1847. The prisoner had been indicted before for the same offence, and was put upon his trial, and a jury was impaneled and sworn to pass upon liis case, when the solicitor general was permitted by the Court, to enter a nolle prosequi upon the hill of indictment, notwithstanding the objections of the prisoner, and the fact that a jury had been impaneled and sworn. Upon the trial, the aforesaid proceedings under the first indictment were relied upon by the…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
At May Term, 1841, of the Superior Court of Stewart County, John Reynolds was put upon his trial for the murder of Jefferson *55Jl Lamar, by twelve jurors, selected and sworn true deliverance to make between the State of Georgia and the prisoner at the bar. After tbe jury was thus charged with the case, the "solicitor general, without assigning any cause, and without the consent of the defendant, entered a nolle prosequi on the bill of indictment. A new bill was preferred and found, for the same offence, at the October adjourned term of said Court,…
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