Little v. State

Warner, Chief Justice.

The defendants were indicted for simple larceny. Previous to the term of the court at which' the trial was had, the defendants had demanded a trial, which demand was entered on the minutes of the court. At the next term, the defendants were put upon their trial, but the jury failed to agree *25upon a verdict, and a mistrial was ordered by tbe court, without the consent of defendants. They then made a motion to be discharged, which motion the court refused, and the defendants excepted. It appears in the record that the jury were charged with the case, in the afternoon of one…