All indictments or special presentments shall be submitted to and passed upon by a jury under the direction of the presiding judge unless there is a settlement of the case between the prosecutor and the defendant, which settlement shall be valid only by the approval and order of the court on examination into the merits of the case.
History. Laws 1850, Cobb’s 1851 Digest, p. 864; Code 1863, § 4588; Code 1868, §§ 4609, 4610; Ga. L. 1870, p. 422, § 2; Code 1873, § 4706; Code 1882, § 4706; Penal Code 1895, § 956; Penal Code 1910, § 981; Code 1933, § 27-1701.