In general the courts cannot interfere with the prosecutor’s discretion and control of the criminal prosecution. It is not prudent or even permissible for a court to compel the prosecutor to prosecute a proceeding originally initiated by him on the information, if he finds that the evidence relied upon by him is insufficient for conviction. Neither has the court any power to order the prosecutor to prosecute or file the information within a certain period of time, since this would interfere with the prosecutor’s discretion and control of criminal prosecutions. A prosecutor who asks for the dismissal of the case for insufficiency of evidence has authority to do so, and courts that grant the same commit no error.
The prosecutor may re-investigate a case and subsequently move for the dismissal should the re-investigation show either that the defendant is innocent or that his guilt may not be established beyond reasonable doubt.
