case goddard against smith a action for a malicious prosecution state that the  plaintiff be thereof lawful discharge be not maintain by show a nolle  attendance enter on the indictment S c Mod S c salk S c salk S c holt action  on the case the declaration state that Richard smith and Christopher Preston  conspire between themselves false and malicious to cause Richard Goddard to be  indict as a barrator without any cause or colour of such crime be commit by he  that they false and malicious cause the same to be do and that be the say  Richard Goddard be accord to law in a due and lawful manner thereof discharge  to prove this the plaintiff produce at the trial a nolle attendance by the  attorneygeneral and whether this be sufficient evidence to maintain the  declaration be the question for the opinion of the court holt chief justice  seem to disallow of non prosses and be remiss processus for the proper way  will be to plead not guilty and the attorneygeneral to come in and confess it  a Reg v Oglethorpe post a Mr Harcourt master of the crown office say the first  non pross be in the sixteenth year of Charles the second it be a doubt whether  a action of conspiracy will lie upon such a acquittal for the declaration must  be that he be debt is owed modus acquietatus darnel sergeant say suppose a man  declare he be prosecute until what time there be a entry of a non pross will  that have be good to which the court give no direct answer but seem to incline  that it will not for the non pross be not a discharge of the crime but only of  the indictment b Com dig indictment king justice W b and they go upon Mr  harcourt report that they use to indict they again and not to proceed upon the  same indictment c the court hold that the evidence do not maintain the  declaration because a nolle attendance do not as a acquittal do discharge the  crime but only put the defendant without day but they hold that if Goddard  have plead not guilty and the attorneygeneral have confess the plea that will  have maintain the declaration S c Mod c modern report er p