California, United States of America
The following excerpt is from Bigelow v. Superior Court, 208 Cal.App.3d 1127, 256 Cal.Rptr. 528 (Cal. App. 1989):
Once the jury has manifested its intention to acquit, then the court must receive and record the verdict. ( 1164, 1165.) The court may not thereafter declare a mistrial without giving effect to that verdict. Nor may the court, by refusing to poll the jury or otherwise impeding recordation of the verdict, deny the defendant his right to have his guilt or innocence determined by the first tribunal to hear the matter. (Stone v. Superior Court, supra, 31 Cal.3d at p. 516, 183 Cal.Rptr. 647, 646 P.2d 809; see particularly fn. 7; Arizona v. Washington (1978) 434 U.S. 497, 503, 98 S.Ct. 824, 829, 54 L.Ed.2d 717.) The defendant's " 'valued right to have his trial completed by a particular tribunal' " is part of his constitutional protection against double jeopardy. (Arizona v. Washington, supra, at p. 503, 98 S.Ct., at p. 829; Stone v. Superior Court, supra.) After a mistrial, he cannot constitutionally be tried for the same charge unless there was good cause for the mistrial, and in no circumstance can there be retrial if the jury had sufficiently shown its intention to acquit him. (Ibid.)
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