People Ex Rel. Daley v. Crilly

The defendant, Vincent Sabella, was charged with murder and conspiracy to commit murder. A jury in the circuit court of Cook County found the defendant guilty of the conspiracy count but was unable to reach a decision on the murder charge. The trial judge thereupon discharged the jury; in doing so he did not use the word “mistrial.” After discharging the jury, the trial judge entered judgment on the conspiracy charge.

Ten days later the defendant filed a motion for a new trial. He also renewed a motion for a directed verdict on the murder charge which the trial judge had denied before the case…