State v. I. S. S.
1 Tyl. 178
Vt.
1801
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Per Cúriam.

We consider the State Attorney’s prerogative of entering a nolle prosequi to be'suspended while the cause is in issue to the Jury. He cannot then enter without leave of Court.

The defence here is ample and honourable to the accused. He is entitled to a verdict. Let the trial proceed.

The Jury returned a verdict of non out. and defendant was discharged.