On a trial for larceny, the jury, after deliberation for some eighteen hours, announces to the court that they cannot agree, whereupon his Honor, Judge "Watts, in the absence of the prisoner, who was confined in the jail of the county, but in the presence of his counsel, who neither assented to nor objected to his action, directed a juror to be withdrawn, and the jury was discharged. The prisoner’s counsel then moved for his discharge on the ground that he could not be again put on trial. This motion was overruled by Judge Watts. At the next term, the same motion on the same ground was made and was allowed by his Honor, Judge Mooee. So we have the conflicting rulings of two of the Judges of the Superior Courts in the very same case — in fact, one Judge reverses the decision of, the other Judge! How is this unseemly conflict of decision to be prevented ? It can only be done by enforcing the rule, res adjudieata.
Without entering into the question, was the decision of Judge Watts right or wrong, it is sufficient to say he had jurisdiction and decided the motion against the defendant. That, decision until reversed on appeal, or by writ of certiorari to this court, must stand as a thing settled.
It follows Judge Mooee erred in entertaining the motion. His ruling, by which the defendant was discharged, being a final detennination of the case, the Solicitor had a right to appeal.
This will be certified, to the end that the defendant may be again put on trial.
Pee Cueiam. Judgment accordingly.