22-3423. Mistrials.
22-3423
22-3423. Mistrials.(1) The trial court may terminate the trial and order a mistrial at anytime that he finds termination is necessary because:
(a) It is physically impossible to proceed with the trial in conformitywith law; or
(b) There is a legal defect in the proceedings which would make anyjudgment entered upon a verdict reversible as a matter of law and thedefendant requests or consents to the declaration of a mistrial; or
(c) Prejudicial conduct, in or outside the courtroom, makes itimpossible to proceed with the trial without injustice to either thedefendant or the prosecution; or
(d) The jury is unable to agree upon a verdict; or
(e) False statements of a juror on voir dire prevent a fair trial;or
(f) The trial has been interrupted pending a determination of thedefendant's competency to stand trial.
(2) When a mistrial is ordered, the court shall direct that the case beretained on the docket for trial or such other proceedings as may be properand that the defendant be held in custody pending such further proceedings,unless he is released pursuant to the terms of an appearance bond.
History: L. 1970, ch. 129, § 22-3423; July 1.