Miller v. State

Miller was indicted for grand larceny —was arraigned, put upon trial, and Ms cause was given to the jury. After the jury had been out twelve hours they returned into Court and stated that they could not agree. The Court asked the counsel what they had to say about the discharge of the jury, and-they replied, nothing. The prisoner was not brought up from jail nor consulted. The Court, of its own motion, then discharged the jury, and the defendant’s counsel excepted, and interposed a motion for the discharge of the prisoner, on the ground that the discharge of the jury operated as an acquittal…