Commonwealth v. Wheeler
Massachusetts Supreme Judicial Court
Noah Wheeler, Amos Wheeler, and Amos Warren, were indicted for an assault and battery on one Deliverance Brown. Warren was never arrested.
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Noah Wheeler, Amos Wheeler, and Amos Warren, were indicted for an assault and battery on one Deliverance Brown. Warren was never arrested. Amos Wheeler pleaded not guilty, and was convicted and sentenced. * The defendant, Noah Wheeler, pleads in bar a former [ * 173 ] indictment against the same defendants for the same offence, at the Court of Common Pleas, September term, 1804; and that, at the December term following, the attorney prosecuting for the commonwealth, being thereunto advised by the Court, said that he would no further prosecute the said indictment. To this plea the…
1Opinion of the CourtParker, J.
As at present advised, I do not consider a nolle prosequi a sufficient bar to a future indictment for the same offence.
Sewall, J.
A nolle prosequi is often entered by the attorney for the government, on discovering some informality in his indictment. I consider that it applies to the particular indictment only, and not to the offence.
Sedgwick, J.
A nolle prosequi cannot be considered as equivalent to a pardon. But, if it were, by our constitution, a pardon granted by the executive will not avail the party pleading it before conviction. I think it has been held that a nolle prosequi is not a bar…
2Cited by45 opinions
- Attorney General v. TuftsMassachusetts Supreme Judicial Court · 1921
- Ward v. StateCourt of Appeals of Maryland · 1981
- Hester v. CommonwealthSupreme Court of Pennsylvania · 1877
- Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1937
- Commonwealth v. GordonMassachusetts Supreme Judicial Court · 1991
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