State v. . Sorrell

;Mekrimon, J.

The indictment contained three distinct counts. The Solicitor for the State elected, at the close of the evidence on the trial, to rely upon only the third count, for retailing spirituous liquors by a measureless than one quart, and upon this count there was a verdict of guilty, the jury saying nothing as to the first and second counts; and as to each of these the Solicitor, after verdict and before judgment, entered a nolle prosequi.

This latter entry had no legal effect — it was void. The election to try upon the third count, at the stage of the trial mentioned, was equivalent…