Malts at DQ are made with ice milk not ice cream. Malt is malted milk and is a powder that is used by all the malt makers across America. Shakes only contain the flavor that one picks plus the ice cream and milk. Both are blended until it is a nice consistency. Source(s): Have enjoyed many malts and shakes!
But a mistrial just means you messed up the first time, and you need a do-over. The state makes no difference. A person can be tried again in ANY state if there was a mistrial. A mistrial is basically saying the trial malfunctioned and needs to be started again. A mistrial is no reason for escaping trial in any state. It just means that someone screwed up and the court needs to start all over again.
If a verdict still cannot be delivered, at some point the judge will declare a mistrial due to the hung jury. (Mistrials can happen for other reasons, so when a trial ends in a mistrial, it is not necessarily due to a hung jury.) In the event of a mistrial, the defendant is not convicted, but neither is the defendant acquitted. An acquittal results from a Not Guilty verdict and cannot be appealed by the prosecution, overturned by the judge, or retried. When there is a mistrial, however, the case may be retried. Since the 1824 case of United States v. Perez, Supreme Court precedent has held that retrial in the event of a mistrial is permissible. However, this ruling was not made on Constitutional grounds.