Stalcup v. Greenwood District
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court — Greenwood District. Hon. R. B. Rutherford, Circuit Judge. A nolle prosequi - is not an acquittal in the sense that a future prosecution is barred by it; but as between the State and the individual indicted it is an acquittal. So far as that indictment is concerned, the defendant goes without day. The county is liable only where there is an acquittal.. Bradley County v. Bond, 37 Ark., 226. A nolle prosequi is not an acquittal.
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APPEAL from Sebastian Circuit Court — Greenwood District. Hon. R. B. Rutherford, Circuit Judge. A nolle prosequi - is not an acquittal in the sense that a future prosecution is barred by it; but as between the State and the individual indicted it is an acquittal. So far as that indictment is concerned, the defendant goes without day. The county is liable only where there is an acquittal.. Bradley County v. Bond, 37 Ark., 226. A nolle prosequi is not an acquittal. State v. Branum,. 23 Ark., 540; Taylor et al. v. The State, 39 Ark., 291.
1Opinion of the CourtSmith, J.
The clerk of the Circuit Court presented to the County Court his account of official services rendered by him in certain criminal cases. His claim was rejected there and also by the Circuit Court, to which he appealed. In the last named court the cause was tried upon the following agreed statement of facts:
That the services charged for were actually performed, and the amounts charged for such services are the legal fees in cases where the county is liable, and that the account herein is properly verified, and that the cases in which the services were rendered were cases of misdemeanors…
2Cited by3 opinions
- Hempstead County v. HarknessSupreme Court of Arkansas · 1905
- Lonoke County v. ReedSupreme Court of Arkansas · 1916
- Chicot County v. MatthewsSupreme Court of Arkansas · 1915