withdrawal

Removal of money or securities from a bank or other place of deposit

@ withdrawal from criminal activity

A person is not legally accountable for the criminal conduct of another if before the commission of the offense, he terminates his efforts to promote such commission and gives a : warning to law enforcement officials or makes a proper effort to prevent the criminal activity. Ill.Ann.St. fl5-2(cX3).

Under Model Penal Code, No. 5.01(4), withdrawal is an affirmative defense which requires a showing of a complete and voluntary renunciation of defendant's criminal purpose.

See also renunciation of criminal purpose.

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Withdrawal from a conspiracy requires either making a clean breast to authorities or communicating the abandonment of the conspiracy in manner reasonably - calculated to reach co-conspirators. U.S. v. Mardian, C.A.D.C., 546 F.2d 973, 978

@ withdrawal of charges

A failure to prosecute by the person preferring charges-distinguished from a dismissal, which is a determination of their invalidity by the tribunal hearing them.

See nolle prosequi

@ withdrawing a juror

The withdrawing of one of the twelve jurors from the box, with the result that, the jury being then found to be incomplete, no further proceedings could be had in the cause. The withdrawing of a juror was always by the agreement of the parties, and was frequently done at the recommendation of the judge, where it was doubtful whether the action would lie; and in such case the consequence was that each party payed his own costs. It was, however, no bar to a future action for the same cause.

In American practice, it was formerly usually a mere method of continuing a case, for some good reason

@ withdrawing record

The withdrawing by a plaintiff of the nisi prius or trial record filed in a cause, just before the trial is entered upon, for the purpose of preventing the cause from being tried. This may be done before the jury are sworn, and afterwards, by consent of the defendant's counsel.

For current practice, See dismissal

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