After an examination of the case in open court and before it has been submitted to a jury, the prosecuting attorney may enter a nolle prosequi with the consent of the court. After the case has been submitted to a jury, a nolle prosequi shall not be entered except by the consent of the defendant. The prosecuting attorney shall notify the defendant and the defendant’s attorney of record within 30 days of the entry of a nolle prosequi either personally or in writing; such written notice shall be sent by regular mail to the defendant at the defendant’s last known address and to the defendant’s attorney of record.
History. Laws 1833, Cobb’s 1851 Digest, p. 836; Code 1863, § 4535; Code 1868, § 4555; Ga. L. 1870, p. 422, § 1; Code 1873, § 4649; Ga. L. 1877, p. 108, § 1; Code 1882, § 4649; Penal Code 1895, § 957; Penal Code 1910, § 982; Code 1933, § 27-1801; Ga. L. 1989, p. 585, § 1.
Law reviews.
For survey article on death penalty law, see 59 Mercer L. Rev. 123 (2007).