The 'Lectric Law Library's Lexicon On
* Mistrial *

MISTRIAL - An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.

An erroneous trial on account of some defect in the persons trying, such as if the jury come from the wrong county or because there was no issue formed, as if no plea be entered; or some other defect of jurisdiction.

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