State v. Bugg
Supreme Court of Louisiana
Appeal from the District Court of Madison, Willson, J. The Distict Attorney' could not be controlled as to entering a nolle prosequi. 1 Moreau’s Dig. 295, 375, 369. 2 Mass. Rep. 414. The nolle prosequi released the sureties. B. & C.’s Dig. 26, 27. Acts of 1813 and 1830. State v. Dunbar et al, 10 La. 101. State v. Pendergast, 11 La. 69. Commonwealth v. Wheeler et al., 2 Mass. 172. 7 Pickering, 173. 1 Cbit-ty’s Crim. Law, 480, 846-7.
1Opinion of the CourtMartin, J.
The defendants are appellants from a judgment against them, as principal and sureties, in a bond to the Governor of the State, for the good behavior and appearance at court of the principal. The District- Attorney entered a nolle prosequi against the principal, notwithstanding which, judgment was given against the defendants; the court" being of opinion, that it had power to control the prosecuting officer of the State in this respect. In our opinion it erred.
The State, like all other plaintiffs, has the undoubted right to dismiss all suits brought by it; and this is in the discretion of the…
2Cited by3 opinions
- State v. BrackinSupreme Court of Louisiana · 1905
- State v. FrantonSupreme Court of Louisiana · 1975
- State v. LutzeLouisiana Court of Appeal · 1983