----- Original Message ----- From: "Jane DeBellis" <[email protected]> To: "Mike & Kathy Bowlin" <[email protected]> Sent: Tuesday, June 26, 2001 11:31 AM Subject: Re: [MORANDOL-L] Help please? > Kathy, > > I work in an academic library so I went and found Black's Law Dictionary. I > could not fine "nolle prossed." The closest I could get was the entries for > nolle prosequi: > > Entry 1) > "nolle prosequi" n. [Latin "not to wish to prosecute"] 1. a legal notice > that a lawsuit has been abandoned. 2. A docket entry showing that the > plaintiff or the prosecution has abandoned the action.--often shortened to > "nolle." > "In America the term [nolle prosequi] bears the same meaning as in > 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 court must be obtained." 17 Encylcopedia Britannica > 546 (9th ed. 1907). > "Nolle prosequi" is a formal entry on the record by the prosecuting > officer by which he declares that he will not prosecute the case further, > either as to some of the counts of the indictment, or as to part of a > divisible count, or as to some of the persons accused, or altogether. It is > a judicial determination in favor of accused and against his conviction, but > it is not an acquittal, nor is it equivalent to a pardon." 22A C.J.S. > Criminal Law section 419 at 1 (1989). > > Entry 2) > "nolle prosequi" vb. To abandon (a suit or prosecution); to have (a case) > dismissed by "nolle prosequi" <the state "nolle prosequied" the charges > against Johnson>.--often shortened to "nolle pros;" "nolpros;" or "nol-pro" > > Jane DeBellis > Milton, FL > > ----- Original Message ----- > From: "Mike & Kathy Bowlin" <[email protected]> > To: <[email protected]> > Sent: Tuesday, June 26, 2001 9:32 AM > Subject: [MORANDOL-L] Help please? > > > > I'd like to ask some of the brilliant minds out there reading these lists > if they can answer a question on a legal term that I keep > > seeing in the reading of the Higbee News. It seems to refer to a case > being dropped for some reason, and I would like to know just > > what the term refers to. Any lawyers or legal clerks out there? The > term is "nolle prossed". Thanks for your help. > > > > Kathy Bowlin > > > > > >