State v. Davis

This was an indictment for obtaining money by false pretences. Yerdict of acquittal, and judgment in discharge of the defendant.

It appears by a bill of exceptions, that, after the testimony on both sides had been closed, and the defendant heard in his defence, the prosecuting attorney moved the Court for leave to enter a nolle prosequi. The motion was overruled, and the trial progressed.

It is .contended by the state, that the prosecuting attorney had the right to enter a nolle prosequi notwithstanding evidence had been heard in the cause, and that to refuse him the exercise of that right was…