61 Ala. 30 | Ala. | 1878
The defendants were found guilty on the first count in the indictment, without any mention in the verdict of the second count. This is equivalent to a verdict of not guilty on the second count, and the prisoner can not again be indicted or tried on that count. — Murray & Bell v. The State, 48 Ala. 675.
Seven persons, including the two appellants, were charged in one indictment with the crime, of arson. The indictment
The entry of a nolle prosequi — -(unwillingness to further' prosecute) — in a criminal cause, before the defendant is put in jeopardy by the empanneling and swearing the jury for his trial, is of frequent occurrence. The effect is, not to absolve the prisoner from liability for further prosecution for the same offense. Its only effect is, to put an end to the then prosecution, before the prisoner had been jeoparded thereunder. — See State v. Kreps, 8 Ala. 951; State v. Blackwell, 9 Ala. 79; Barnett v. The State, 54 Ala. 579; 1 Bish. Cr. Law, (6th ed.) §§ 1014, 1015, et seq. This, however, is not the-question presented by this record.
We think when the State entered a nolle prosequi of the
Reversed and remanded, but the prisoners will remain in custody until discharged by due course of law.