State v. Floyd

Morgan, Oh. J.

Petition for a writ of habeas corpus based, upon the following facts, as shown by the petition and the sheriff’s return to the writ: Petitioner was regularly informed against for the crime of robbery, and placed on trial before the district court of Foster county. The issue of guilt was submitted to the jury, and after considering the evidence they came into court and announced that they were unable to agree upon a verdict. s Thereupon the court discharged the jury from further consideration of the case. The petitioner was not present in court at the time of the discharge of the…