Code of Alabama
Ala. Code § 12-16-233 (2026)
Discharge of Jury and Entry of Mistrial.
✓ official Alabama Legislature (ALISON) text, current July 2026
The court or presiding judge in all cases of jury trial may discharge the jury without giving a verdict, with the consent of all parties to the trial or without the consent of the parties, when, in the opinion of the court or judge, there is a manifest necessity for the discharge or when the ends of justice would otherwise be defeated. In all cases in which the jury is discharged without a verdict, a mistrial shall be entered upon the minutes of the court, assigning the reason or cause for the mistrial, and no person shall gain any advantage by reason of such discharge of the jury.
(Code 1907, §7314; Code 1923, §8696; Code 1940, T. 30, §100.)
Notes of Decisions
Cited in 20
cases, 1979–1998 · leading case: Ex Parte Branch, 526 So. 2d 609 (Ala. 1987).
Ex Parte Branch, 526 So. 2d 609 (Ala. 1987). “See Title 12, Chapter 16, Code 1975, § 12-16-1 through § 12-16-233. Of particular significance, insofar as this particular case is concerned, is the procedure provided for by Code 1975, § 12-16-100: "§ 12-16-100.”
Lindsey v. State, 456 So. 2d 383 (Ala. Crim. App. 1983). “The appellant argues that the jury should have been encouraged to deliberate for longer than three hours and that the trial court erred in instructing the jury that it should not consider the lesser included offenses unless it first determined that the appellant was "not guilty"…”
Acres v. State, 548 So. 2d 459 (Ala. Crim. App. 1989). “1978); Ala.Code (1975), § 12-16-233. "The entry of a mistrial is not lightly to be undertaken.”
Tarver v. State, 500 So. 2d 1232 (Ala. Crim. App. 1986). “1978); Alabama Code Section 12-16-233 (1975). `A trial judge is allowed the exercise of broad discretion in deciding whether that high degree of necessity is present.”
Boyd v. State, 590 So. 2d 344 (Ala. Crim. App. 1989). “” Ala.Code § 12-16-233 (1975); Wadsworth v.”
Armstrong v. State, 516 So. 2d 806 (Ala. Crim. App. 1987). “[Citations omitted]; Section 12-16-233, Code of Alabama (1975).”
Clements v. State, 390 So. 2d 1131 (Ala. Crim. App. 1980). “Alabama Code Section 13-11-2(c) provides, in pertinent part: "The court may enter a judgment of mistrial upon failure of the jury to agree on a verdict of guilty or not guilty or on the fixing of the penalty of death. After entry of a judgment of mistrial, the defendant may be…”
Clark v. State, 551 So. 2d 1081 (Ala. Crim. App. 1986). “We go further by stating that ever since the Code of Alabama of 1907, the law of Alabama has been as stated in Code of Alabama 1975, § 12-16-233 as follows: “The court or presiding judge in all cases of jury trial may discharge the jury without giving a verdict, with the consent…”
Saranthus v. State, 501 So. 2d 1247 (Ala. Crim. App. 1985). “” With due regard to all that is shown by the transcript of the proceedings, we are not persuaded that the trial court was in error in denying defendant’s motion for a mistrial.”
Wilson v. State, 427 So. 2d 148 (Ala. Crim. App. 1983). “Section 12-16-233, Code of Alabama 1975 provides: “The court or presiding judge in all cases of jury trial may discharge the jury without giving a verdict, with the consent of all parties to the trial or without the consent of the parties, when, in the opinion of the court or…”
Riggins v. State, 429 So. 2d 683 (Ala. Crim. App. 1983). “The validity, the effect and the result of such mistrial are to be found in Code of Alabama 1975, § 12-16-233: “The court or presiding judge in all cases of jury trial may discharge the jury without giving a verdict, with the consent of all parties to the trial or without the…”
Tribble v. State, 783 So. 2d 58 (Ala. Crim. App. 1998). “[5] If a jury is unable to reach a verdict, then the trial court must follow the mandate of § 12-16-233, Code of Alabama 1975, which provides that: "§ 12-16-233.”
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