In what circumstances will a jury at the close of a conspiracy trial be discharged from the case if the jury fails to agree on a verdict against all defendants?

It is said that this proceeding was irregular. It must be conceded, we think, that it was unusual. And yet in conspiracy trials there are instances where, at the close of the people's case, the jury has been recommended to acquit certain defendants, and after it has done so the trial has proceeded against the others. Under the old rules of evidence such action might be necessary to prevent injustice. State v. Bogue, 31 N. C. 360. The proceedings with regard to verdicts are found in sections 433 to 454 of the Code of Criminal Procedure. Section 446 provides that on an indictment against one or more, if the jury cannot agree on a verdict as to all, it may render a verdict against those in regard to whom it does agree, on which a judgment must be entered accordingly, and the case as to the rest may be tried by another jury. Section 451 provides that when the verdict is given the jury must be discharged from the case.