98 Mass. 10 | Mass. | 1867
It having been adjudged by competent authority that the verdict heretofore rendered in this case was founded upon insufficient evidence, and that additional evidence, material to the issue, has been newly discovered, that verdict has been set aside and a new trial ordered. The case therefore now stands to be determined in like manner as if no trial had taken place and no verdict had been rendered against the defendant. The question raised by the exceptions thus resolves itself into the single inquiry whether, after an indictment has been found and returned into court, and before any proceedings have been had thereon, the attorney for the government hay authority to enter a nolle prosequi on the indictment. We can hardly deem this an open question. The exercise of such an authority is not only in conformity to the ancient and uniform practice in the courts of. this Commonwealth, but it has been distinctly recognized by this court as being reasonable ana proper, and not inconsistent with the legal rights of the defendant. Commonwealth v. Wheeler, 2 Mass. 174. Commonwealth