State v. Paterno
Supreme Court of Louisiana
APPEAL from the Twenty-fifth District Court, Parish of Lafayette Mouton, J. A nolle prosequi is neither an acquittal nor pardon. It simply discharges the particular indictment without barring' another for the same offence. 8R. 583 ; 3 An. 735; 5 An. 368. The character of party injured is irrelevant. A plea of autre fols acquit is of a mixed nature, embracing both law and facts, and should be submitted to a jury. 42 An. 414; Wharton Crim. Law, 568; BishopOrim.
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APPEAL from the Twenty-fifth District Court, Parish of Lafayette Mouton, J. A nolle prosequi is neither an acquittal nor pardon. It simply discharges the particular indictment without barring' another for the same offence. 8R. 583 ; 3 An. 735; 5 An. 368. The character of party injured is irrelevant. A plea of autre fols acquit is of a mixed nature, embracing both law and facts, and should be submitted to a jury. 42 An. 414; Wharton Crim. Law, 568; BishopOrim. Pro. 742, 816. The State and accused having declared their readiness to go to trial under a valid indictment, trial begun and aiter…
1Opinion of the Court
The opinion of the court'was delivered by
Fenner, J.
The defendant complains of the overruling of his plea of former jeopardy based on the fact that, under a prior indictment for the same offence, the District Attorney had entered a nolle prosequi during the impanelling of the jury, and before the jury had been completed.
All authorities agree that the jeopardy of an accused does not begin until the jury is fully impanelled and sworn, and that prior thereto the State’s attorney may nolle prosequi the indictment without prejudice to new proceedings for the same offence. 1 Bishop Crim. Law, Secs.…
2Cited by10 opinions
- State v. SchnellerSupreme Court of Louisiana · 1942
- State v. HamiltonSupreme Court of Louisiana · 1909
- State v. WeathersSupreme Court of Louisiana · 1911
- State v. AylesSupreme Court of Louisiana · 1908
- State v. FoleySupreme Court of Louisiana · 1905
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