21 Tex. 746
Decided July 1, 1858
Texas Supreme Court · decided 1858-07-01
Tried below before Hon. C. A. Frazer. This is an indictment against the appellants, Samuel Parry, Jr., and one Samuel Parry, Senr., for an assault and battery upon the person of Reuben Thompson. The indictment was filed December 16th, 1854. At the Spring Term, 1855, the cause was continued by the State.
Cited by 3 later decisions — most recently May 1946
1 federal appellate · 2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1858-07-01
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¶1It is said by Hr. Wharton that, at Common Law, a noUe prosequi may be at any time retracted, and is not only no bar to a subsequent prosecution on another indict- ' ment, but may be so far cancelled as to require proceedings on the original bill. (Whart. Am. Cr. L. 514.) We see nothing to prevent the defendant from consenting that the entry be set aside during the Term; as the record abundantly shows he did. The judgment is affirmed.
¶2Judgment affirmed.