Discharge of jury before rendition of verdict and effect thereof

§ 310.60 Discharge of jury before rendition of verdict and effect

thereof.

1. A deliberating jury may be discharged by the court without having
rendered a verdict only when:

(a) The jury has deliberated for an extensive period of time without
agreeing upon a verdict with respect to any of the charges submitted and
the court is satisfied that any such agreement is unlikely within a
reasonable time; or

(b) The court, the defendant and the people all consent to such
discharge; or

(c) A mistrial is declared pursuant to section 280.10.

2. When the jury is so discharged, the defendant or defendants may be
retried upon the indictment. Upon such retrial, the indictment is
deemed to contain all counts which it contained, except those which were
dismissed or were deemed to have resulted in an acquittal pursuant to
subdivision one of section 290.10.