People v. Greene

Citations

• 100 Cal. 140
• 34 P. 630
• 1893 Cal. LEXIS 759

Syllabus

<p>Criminal Law—Trial—Discharge of Jury for Failure to Agree—Sufficiency of Record—Jeopardy.—Under section 1140 of the Penal Code authorizing the discharge of the jury in a criminal action, after the submission of the cause, “at the expiration of such time as the court may deem proper,” if “it satisfactorily appears that there is no probability that the jury can agree,” it is not necessary, when a jury is discharged for failure to agree, that the record should show that it satisfactorily appeared to the judge that there was no reasonable probability that the jury could agree; and the fact that the record fails to show such fact does not render it sufficient to support the pleas of former jeopardy and former acquittal.</p>