Green v. State

Maxwell, Ch. J.

It appears from the bill of exceptions and stipulation that the plaintiffs in error were indicted at the March, 1879, term of the district court of Adams county, for the murder of Luther Mitchell and that the jury on the trial of the cause being unable to agree, returned into court a written statement that they had agreed to disagree, and after some hesitation on the part of the court were discharged, the prisoners not being present at the time of such discharge, nor consenting thereto. The 'plaintiffs in error thereupon filed a motion to be discharged from custody for various…