Upon motion of a party or upon his own motion, a judge may  declare a mistrial if:

(1) It is impossible for the trial to proceed in conformity with law; or

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Terms Used In North Carolina General Statutes 15A-1063

  • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verdict: The decision of a petit jury or a judge.

(2) It appears there is no reasonable probability of the jury’s agreement upon a verdict. (1977, c. 711, s. 1.)