Nolle Prosequi

WiU not prosecute

The name of an entry on the record, by which the plaintiff or prosecutor declares he will proceed no further in the action or prosecution. In civil cases, a nolle prosequi was entered by the plaintiff where he wished to discontinue his action, either wholly or as to one or more of several counts of his declaration, or as to one or more of several defendants. It did not operate as a release, and constituted, of itself, no bar to another action for the same cause. In criminal prosecutions, a nolle prosequi is an entry by the prosecuting officer by which he agrees to prosecute no further, either as to the whole indictment, or some particular part of it, or as to oue or more of several defendants indicted. The nolle prosequi is still in general use in American practice in criminal cases. In most of the states, it may he entered panelled; in some of them, the proceeding is in the discretion of the prosecuting officer, without leave of the court; but, in others, leave of court must first be obtained. It operates as a discharge of the accused, but not as an acquittal, and does not prevent his being again indicted or tried upon the same charge. A ndle prosequi is in the nature of an acknowledgment or undertaking by the plaintiff in an action to forbear to proceed any further either in the action altogether, or as to some part of it, or as to some of the defendants; and is different from a non pros., by which the plaintiff is put out of court with respect to all the defendants. Brown. Nolle prosequi is a formal averment by the plaintiff in an action, that he will not further prosecute his suit as to one or more of the defendants, or as to part of the claim or cause of action. Its effect is to withdraw the cause of action, in respect of which it is entered, from the record. Moghy ^ W.