Ex parte Cage

Citations

• 45 Cal. 248

Syllabus

<p>When Writ of Mandate Will Not Issue.—A writ of mandate will not be issued to compel a Court to render a judgment of acquittal in a ' criminal case.</p> <p>Defense of Once Having Been in Jeopardy.—If a prisoner is put on his trial, and the jury disagree, and the term is adjourned without anything of record to show that the jury was discharged, and if the prisoner is entitled to his discharge on account of such facts, he must avail himself of such defense when he is put on his trial again, and by appeal, if judgment should he rendered against him.</p>