Thomas, J.
The plea of nolo contendere could only be made with the consent of the prosecutor. St. 1855, c. 215, § 35. That consent, we think, must appear of record. It does not so ppear. The- judgment entered upon the plea was erroneous. Upon the entry of his appeal in the court of common pleas, the defen lant should have been permitted to plead anew.
Exceptions sustained.