What is the test for a jury to render a verdict on one count of assault without agreeing on the other?

The Attorney General points out that Penal Code section 1160 is permissive in declaring that the jury 'may' render a verdict on one count without agreeing on the other. He relies upon a Dictum in People v. Finch, supra, 213 Cal.App.2d at page 762, 29 Cal.Rptr. 420, indicating that a trial judge has discretion to accept or reject a verdict on less than all the counts. We neither accept nor reject that Dictum. Assuming that judicial discretion exists, it may be so exercised as to discharge the jury without any legal necessity and thus consummate the defendant's jeopardy. ²

Page 71