North Carolina General Statutes 15A-1063. Mistrial for impossibility of proceeding
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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
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.)