Trial as to Others.
COL120106 VERDICT OR F INDING (a) On a charge against two or more defendants jointly, if the jury cannot agree upon a verdict as to all, they may render a verdict as to the defendant in regard to whom they do agree, on which a judgment shall be entered accordingly, and the defendant as to whom they do not agree may be tried again. (b) Where two or more offenses are charged in any indictment, information or complaint, if the jury cannot agree upon a verdict as to all of them, they may render a verdict as to the charge upon which they do agree, and the charge on which they do not agree may be tried again. NOTE: Subsection (a) of § 105.62 is substantively the same as former Rule 3(b). See also Fed. R. Crim. P. 31(b); former § 970; Cal Pen. Code § 1160. Subsection (b) of § 105.62 is substantively the same as the second paragraph of § 1160 of the California Penal Code. See generally B. Witkin, California Criminal Procedure Judgment and Attack in Trial Court §§ 539-540 (1963, Supp. 1973); 8 Moore, Federal Practice &31.02[2](1974).