Where a prosecutor communicates to the court a determination not to proceed on a count, and the court does not reject the nolle prosequi on abuse of process grounds, the trial on that count is at an end and the judge has no power to direct an acquittal. A directed acquittal entered after a valid nolle prosequi is a nullity and may be quashed on appeal. The three requirements for valid entry of a nolle prosequi are: (1) a determination by the prosecution not to proceed; (2) communication of that intention to the court; and (3) the court not refusing to accept it on abuse of process grounds.
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