Whenever the magistrate is satisfied that a jury cannot agree upon a verdict in the manner provided by law after a reasonable time, or, in the exercise of his discretion the magistrate determines that some necessity exists for discharge of the jury, he may discharge it and summon a new jury unless the parties agree that the magistrate may render judgment.
History: 1953 Comp., § 36-10-5, enacted by Laws 1968, ch. 62, § 112; 1975, ch. 242, § 8.
ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-10-5, 1953 Comp., relating to bonds of plaintiff and defendant, effective January 1, 1969.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 75B Am. Jur. 2d Trial §§ 1713, 1743, 1744.
Separation of jury in criminal case, 21 A.L.R.2d 1088.
Separation or dispersal of jury in civil case after submission, 77 A.L.R.2d 1086.
Time jury must be kept together on disagreement in criminal case, 93 A.L.R.2d 627.
Separation of jury in criminal case after submission of cause-modern cases, 72 A.L.R.3d 248.
24 C.J.S. Criminal Law §§ 1388 to 1390; 51 C.J.S. Justices of the Peace § 99.