Parry v. State

Texas Supreme Court

Parry v. State

21 Tex. 746

CourtTexas Supreme Court

DecidedJuly 1, 1858

StatusPublished

Cited by3 cases

This text of 21 Tex. 746 (Parry v. State) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Parry v. State, 21 Tex. 746 (Tex. 1858).

Pincite

Opinion

Wheeler, J.

It 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.

Judgment affirmed.

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Wheeler, J.

It 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.

Judgment affirmed.

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Bluebook (online)

21 Tex. 746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parry-v-state-tex-1858.

Opinion

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