In what circumstances will a court order a mistrial in a case where only eight of the nine jurors who voted for the general verdict concurred in a special verdict?
California, United States of America
The following excerpt is from United Farm Workers of America v. Superior Court, 111 Cal.App.3d 1009, 169 Cal.Rptr. 94 (Cal. App. 1980):
In Nelson v. Superior Court, supra, 26 Cal.App.2d 119, 120-123, 78 P.2d 1037, the reviewing court upheld the trial court's order granting a mistrial where the jury returned a general verdict made dependent upon a special verdict, and only eight of the nine jurors who voted for the general verdict concurred in the special verdict. Again, this is not our issue.
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