Barrett v. State

Appellant was indicted for larceny and plead “not guilty.” When the case was called for trial, the witnesses for both sides were present and both sides stated they were ready for trial, and the defendant elected to be tried by a jury. The jury being about to be impaneled, the state’s attorney stated to the court that the State was unable to prove the charge against the defendant and further stated that he desired to enter a nolle prosequi in the case. The defendant objected to this entry being made, and moved the court to require the state’s attorney either to enter “not guilty confessed,” or…