Jacobs v. State

Code § 27-601, after providing the statute of limitations in which indictments may be returned, further provides in Subsection 4: “If the indictment is found within the time limited, and for any informality shall be quashed or a nolle prosequi entered, a new indictment may be found and prosecuted within six months from time the first is quashed or the nolle prosequi entered.” From the facts above stated it would thus be seen that 15 months and 28 days after the nolle prosequi order was entered the court sought to vacate the order of nolle prosequi and to reinstate the indictment. This was…