State v. Maine Central Railroad
Supreme Judicial Court of Maine
On exceptions from superior court. Indictment against defendant corporation for alleged negligence in the running of a locomotive engine, in Hallowell, June 17, 1884, whereby one Henry M. 0. Benner, was instantly killed. After the cause had been opened to the jury, and evidence put in on the part of the government, but not concluded, the prosecuting attorneys were allowed to enter a nolle prosequi against the defendant’s objection, and the defendant alleged exception.
1Opinion of the CourtPeters, C. J.
Whilst the trial was going on under this indictment, the evidence being partially in, the prosecutor was permitted by the presiding judge to discontinue the indictment by entering a nolle prosequi. The discontinuance was entered according to the civil, and also according to the criminal form, of procedure. If the proceeding is a civil suit, the nonsuit was allowable. But otherwise, if a criminal prosecution, for at such stage of the trial, the alleged criminal, if ho demanded it, would have the right to have a verdict rendered. State v. Smith, 67 Maine, 328.
We think the proceeding is…
2Cited by1 opinion
- State v. KopelowSupreme Judicial Court of Maine · 1927