Martin v. State

A nolle prosequi may, without the consent of the accused, be entered at any time before the case has been submitted to the jury. Code, § 27-1801. A case is not submitted to the jury, within the meaning of this section, until the jury have been empanelled and sworn in the cause. Fortson v. State, 13 Ga. App. 681 (79 S. E. 746); Mitchell v. State, 126 Ga. 84 (54 S. E. 931).

The plea, denominated a “plea in bar and former jeopardy,” alleged that an indictment had been returned against the defendant for the offense of lottery; that the State nol prossed it after the defendant had been arraigned on…