Discharge of jury not a former acquittal

22 O.S. § 842, under Criminal Procedure.

22 O.S. § 842

If an indictment or information for the higher offense is filed within a year next thereafter, he must be tried thereon, and a plea of former acquittal to such last prosecution is not sustained by the fact of the discharge of the jury on the first indictment or information. R.L.1910, § 5888.