State v. Mims

The appellants, I. D. Mims, Joe Mims, Henry Mims, and Jordan Mims, were convicted of murder without capital punishment. These four were indicted jointly with one Joe Mitchell. The latter entered a special plea •of insanity, and all further proceedings were stayed as to him.

When the case came up for trial as to the •other four, the appellants here, the state entered a nolle prosequi as to said Mitchell, and proceeded to use him as a witness against the other four.

Bill of exception No. 1 complains that the state had no right to nol. pros, as to the defendant Mitchell after the indictment had…