Ward v. State

In this criminal case, two different counts of the indictment charged the same offense. At the trial after jeopardy had attached, the State entered a nolle prosequi, without the defendant’s consent, as to one of the counts, and the defendant was convicted on the other count. Later, the defendant was successful in having the conviction set aside and a new trial awarded. The issue before us now is whether the new trial may proceed in light of the earlier nolle pros of a count charging the same offense.

I

A Prince George’s County grand jury, in a five count indictment, charged the defendant James…