Neb. Rev. Stat. » Chapter 29

Neb. Rev. Stat. § 29-2023

Jury; discharged before verdict; effect; record

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In case a jury is discharged on account of sickness of a juror, or other accident or calamity requiring their discharge, or after they have been kept so long together that there is no probability of agreeing, the court shall, upon directing the discharge, order that the reasons for such discharge be entered upon the record and such discharge shall be without prejudice to the prosecution.

Notes of Decisions
Cited in 3 cases, 1945–2009 · leading case: State v. Hilding
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State v. Hilding (2009) neb · cites it 2× “We note, however, that Neb. Rev. Stat. § 29-2023 (Reissue 2008) refers to cases in which the "jury shall be discharged on account of sickness of a juror.”
State v. Hutter (1945) neb · cites it 2× “But when the jury fails to agree on a verdict for any of the reasons stated in section 29-2023, R. S. 1943, the whole proceeding is nullified and nothing remains which can benefit the defendant.”
State v. Fromkin (1963) neb · cites it 2× “The significance of a mistrial due to disagreement has been legislatively defined in section 29-2023, R. R. S. 1943, of our code of criminal procedure.”
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