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NOLLE PROSEQUI (sometimes shortened i...

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Originally appearing in Volume V19, Page 734 of the 1911 Encyclopedia Britannica.
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NOLLE PROSEQUI (sometimes shortened into not. pros.) , a technical See also:

term of See also:English See also:law, the meaning of which varies as it is used with reference to See also:civil or criminal cases. In civil cases it applied only to actions in the See also:king's See also:bench See also:division, and there signified a formal undertaking by the See also:plaintiff that he intended to proceed no further with the See also:action (se ulterius nolle prosequi). The more See also:modern practice in such cases is to proceed by way of discontinuance. In proceedings either by See also:indictment or by See also:information, a nolle prosequi or stay of proceedings may be entered by the See also:attorney-See also:general. The nolle prosequi is a See also:matter purely for his discretion, and will not be granted unless very See also:good ground be shown for his interference. The See also:object of it generally is to obtain a stay of proceedings against an See also:accomplice in See also:order to procure his See also:evidence. This object is, however, more usually effected by the See also:prosecution offering no evidence and the See also:judge directing an acquittal. In the See also:United States the term bears the same meaning as in See also:England, with one exception. The attorney-general has not the same discretion with which English law invests him. Although in some states the prosecuting officer may enter a nolle prosequi at his discretion, in others the leave of the See also:court must be obtained.

End of Article: NOLLE PROSEQUI (sometimes shortened into not. pros.)

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