People v. Cage

Citations

• 48 Cal. 323
• 1874 Cal. LEXIS 147

Syllabus

<p>When Pekson Accused oe Chime is “ in Jeopabdt.”—When a person is placed on trial upon a valid indictment, before a competent Court and a jury, he is in jeopardy within the meaning of the constitutional provision which declares that “no person shall be subject to be twice put in jeopardy for the same offense.’’</p> <p>Idem.—In such case, the discharge of the jury without verdict, unless by consent of the defendant, or from some unavoidable accident or necessity, is equivalent to an acquittal.</p> <p>Idem.—Among these unavoidable necessities are the inability of the jury to agree after a reasonable time for deliberation, and the close of the term of the Court.</p> <p>Dischabge of Juey -in Cbiminad Case.—The discretion of the Court in the discharge of a jury for inability to agree must be exercised upon some bind of evidence, and the judgment of the Court on the point should be expressed in some form upon the record.</p> <p>Idem.'—A report made by the Sheriff to the Court that the jury say they are unable to agree, is not evidence upon which the Court can act in discharging the jury for inability to agree. The proper course is to call the jury into Court, and have them announce their inability in the presence of the Court.</p> <p>When Dischabge of Juby Amounts to an Acquittal.—If, while a jury is out deliberating upon their verdict in a criminal case, and before the expiration of the term, the Judge, without calling the jury into Court, adjourns the Court for the term, it is equivalent to an acquittal of the defendant.</p> <p>Defense Undeb Plea of not Guilty.—An acquittal of a defendant in a criminal case by a discharge of the trial jury without a verdict, may be given in evidence on a subsequent trial of the defendant, under a plea of not guilty.</p>