State v. Nelson

Nelson was indicted for grand larceny, and upon the plea- of “ not guilty” the ease was given to a petit jury. After deliberating during the period of three days they had failed to agree upon a verdict, and stated to the court that there ivas no probability that they could agree. The court thereupon, on its own motion, dischai’ged the jury from the further consideration of the case; the defendant objecting. Subsequently, on motion, the defendant was discharged from further custody upon the indictment; the prosecuting attorney excepting. The State having reserved the question raised by the…