apparent jeopardy

The status of the defendant in a criminal case on trial before a competent court and a jury duly empaneled and sworn. His jeopardy is real unless it shall subsequently appear that a verdict could never have been rendered, by reason of the death or illness of the judge or a juryman, or that after due deliberation the jury could not agree, or by reason of some other like overruling necessity which compels their discharge without the consent of the defendant. Cardenas v Superior Court of Los Angeles County, 56 Cal 2d 273, 14 Cal 657, 363 P2d 889, 100 ALR2d 371.

Ballentine's law dictionary. . 1998.

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