Lewis v. State

Section 957 of the Penal Code reads as follows: “After an examination of the case in open court, and before it has been submitted to the jury, the solicitor-general may enter a nolle prosequi with the consent of the court. After the case has been submitted to the jury, a nolle prosequi shall not be entered except by the consent of the defendant.”

The plaintiffs in error in the present case were tried for and *533convicted of the offense of forcible entry and detainer, and, upon a writ of error to this court, were granted a new trial because the evidence was insufficient to show that there had been…