State v. . Thornton

The motion, made in the court below, and upon which the case is brought here, is founded upon a misconception of the principle and effect of a nol. pros. entered by the prosecuting officer on an indictment. A bill of indictment was found against the defendant, and anolle prosequi was entered by the Attorney-General, and an alias capias was issued against the defendant, under which he entered into a recognizance to appear at the succeeding term. No other bill upon the same charge was sent to the grand jury, and the Attorney-General announced his determination to send no other, but to try the…