Butler v. State

Bell, Justice.

The Court of Appeals requested instruction upon the following question:

“On September 25, 1940, J. N. Butler was being tried in a court of record, for a criminal offense. The jury were sworn, the evidence was submitted, the court’s charge was given, and the jury retired to consider of their verdict. No verdict was returned, but after four hours of deliberation the jury were discharged by the court. Neither the defendant nor his counsel moved for, or consented to, a mistrial of the case, and no order of the court declaring a mistrial, or giving its reason therefor, was entered on…