Sheriff v. Robertson

*366OPINION

Respondents were charged with burglary. When the case was submitted to the jury the trial judge was of the opinion that the evidence was insufficient to warrant a conviction, and so instructed the jury. The instruction, in compliance with the language of NRS 175.381, concluded with the words “the jury is not bound by this advice.”

One or more of the jurors declined to acquit, resulting in a “hung jury.”

When the case was scheduled for another trial respondents filed a petition for habeas corpus, contending retrial would place them in double jeopardy because of the instruction that there…