After the cause is submitted to the jury, it may be discharged when it cannot agree and both parties consent to its discharge; or the court may in its discretion discharge it where it has been kept together for such time as to render it altogether improbable that it can agree.
Tex. Code Crim. Proc. art. 36.31
DISAGREEMENT OF JURY
Applied in 2 court decisions — leading case Johnson v. State (1981)
Most recently applied in Peter Anthony Traylor v. State (August 2017)
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.