State v. Caldwell.

Indictment for murder. At tbe trial, and before tire jury were called or eon paneled, tbe Solicitor, with tbe permission of tbe Court, caused tbe following entry to be made upon tbe docket: “State v. Caldwell. In this ease tbe State files notice (tbe prisoner being present in open court) that a verdict of guilty of murder in tbe first degree will not be asked for by the State, but only murder in tbe second degree or manslaughter. Gudger, Solicitor.” Whereupon, tbe prisoner, by bis attorney, Mr. Zachary, moved for bis discharge, upon the ground that the order of tbe Solicitor was equivalent…