Curcio v. Sanders

1 Citing case

  1. State v. Parkman

    906 So. 2d 888 (Miss. Ct. App. 2005)

    We have found no Mississippi statute or case addressing the issue at hand. Therefore, we look to our sister states for guidance. Our limited research reveals that the jurisdictions are split. Some jurisdictions hold that the return of a no bill by a grand jury is sufficient to terminate the prosecution of the offense which was the subject of the no bill. See Curcio v. Sanders, 109 Ga.App. 548, 136 S.E.2d 406 (1964); Zello v. Glover, 59 S.W.2d 877 (Tex.Ct.App. 1933). However, other jurisdictions hold that the return of a no bill does not terminate the prosecution in the absence of a statute or court order.