Hamilton Circuit Court July 1, 1908 (Rau v. Risiden)

GIFFEN, J.

It is apparent from Sees. 5195, 5196 Bev. Stat., that the power to discharge a jury during the trial or after the cause is submitted and before verdict is not discretionary in the court, but must be based upon a finding of some necessity for such action or upon the consent of both parties. In the case of Dobbins v. State, 14 Ohio St.