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" The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew, and the former verdict cannot be used or referred to, either in evidence or in argument, or be pleaded in bar of... "
A Brief for the Trial of Criminal Cases - Σελίδα 137
των Austin Abbott - 1902 - 814 σελίδες
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Reports of Cases at Law and in Equity Argued and Determined in the ..., Τόμος 29

Arkansas. Supreme Court - 1876
...degree and a bar to a second trial for that grade of offense. There is a code provision as follows : " The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew and the former verdict cannot be used or referred to in evidence...

First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848
...the court in which the former trial was had, only in the cases provided in section 544. <• § 543. The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew ; and the former verdict cannot be used or referred to, either...

The Code of Criminal Procedure of the State of New York

New York (State), New York (State). Commissioners on Practice and Pleadings - 1850 - 486 σελίδες
...by the court in which the former trial was had, only in the cases provided in section 524. § 523. The granting of a new trial places the parties in the same position, as if no trial had been had All the testimony must be produced anew ; and the former 'verdict cannot be used or referred to, either...

The Statutes of the Territory of Kansas

Kansas - 1858
...issue, in the New trial, same court. SEC. 2. That the granting of a new trial places the parties Same, in the same position as if no trial had been had ; the former verdict cannot be used or referred to either in the evidence or argument. SEC. 8. That the court...

General Laws of the Territory of Kansas

Kansas - 1859
...Judgment. SEC. 256. A new trial is a re-examination of the issue in the ».» . same court. SEO. 257. The granting of a new trial places the parties in the same. same position as if no trial had been had ; the former verdict cannot be used or referred to either...

Provisional laws and joint resolutions passed at the first and called ...

Colorado, Jefferson Territory - 1860 - 303 σελίδες
...court, before another jury after a verdict has been given. Effect of granting a new trial. SEC. 333. The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew, and the former verdict cannot be used or referred to another...

Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

1866
...OF JUDGMENT. SEC. 234. A new trial, is a re-examination of the issue, in the same court. SEC. 235. The granting of a new trial, places the parties in...the same position as if no trial had been had. The former verdict cannot be used, or referred to, either in the evidence or argument. . SEC. '236. The...

Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - 1866
...OF JUDGMENT. SEC. 234. A new trial, is a re-examination of the issue, in the same court. SEC. 235. The granting of a new trial, places the parties in...the same position as if no trial had been had. The former verdict cannot be used, or referred to, either in the evidence or argument. causes, or any of...

Albany Law Journal, Τόμος 11

1875
...convicted of manslaughter on an information for murder, and obtained a new trial ; the statute provided that "the granting of a new trial places the parties in the same position as if no trial had been had ; " hM, that the defendant had waived the constitutional safeguard against being twice put in jeopardy,...

Albany Law Journal, Τόμος 32

1886
...that this decision was made under a provision of the statute enacted in 1874, which is as follows : " The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew, and the former verdict cannot be used or referred to, either...




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