State v. . Twiggs

Failing in his appeal the prisoner applies for the writ of certiorari to bring up the record to the end that the correctness of the ruling of the court in refusing his discharge may be examined and determined.

The petition simply states that the jury retired to their room at 1 o'clock P. M., of Wednesday of the last week of the term, and not having agreed, were discharged on Saturday following. No facts are set out to show, nor are any averments made, that this was not a legitimate exercise of judicial power based upon an ascertained inability to agree, which we must assume to be the case upon…