People v. James

Citations

• 97 Cal. 400
• 32 P. 317
• 1893 Cal. LEXIS 554

Syllabus

<p>Criminal Law—Plea of Onoe in Jeopardy — Discharge of Jury for Failure to Agree — Duty of Jury to Acquit. —In a criminal prosecution, the failure of the jury to agree, and their consequent discharge, avoids the plea of once in jeopardy; and the case is not taken out of the rule by the fact that the court instructed the jury to return a verdict of not guilty, nor by the fact that they ought to have returned such verdict, by reason of the state of the evidence, hut failed to agree upon a verdict, through erroneous notions of some of the jurors.</p>