19-2206. When jury may be discharged. Except as provided in the last section, the jury cannot be discharged after the cause is submitted to them until they have agreed upon their verdict and rendered it in open court, unless by consent of both parties entered upon the minutes, or unless, at the expiration of such time as the court may deem proper, it satisfactorily appears that there is no reasonable probability that the jury can agree.
[(19-2206) Cr. Prac. 1864, sec. 396, p. 260; R.S., R.C., & C.L., sec. 7905; C.S., sec. 8981; I.C.A., sec. 19-2106.]