Fortson v. State

1. A nolle prosequi may, without the consent of the accused, he entered at any time before the ease has been submitted to the jury. Penal Code, § 982. A case is not submitted to a jury, within the meanr ing of this section, until after the jury have been empaneled and sworn in the cause. Newsom v. State, 2 Ga. 60; Franklin v. State, 85 Ga. 570 (11 S. E. 876); Nolan v. State, 55 Ga. 521 (21 Am. R. 281).

2. It appearing, from the allegations of the special plea in bar in the present ease, that although the jury had been stricken and had taken their seats in the jury-box, they had not been sworn,…