 | Indiana - 1901 - 1792 σελίδες
...Definition. 265. A new trial is a. re-examination of the issues in the same Court. 1841. Effect. 266. The granting of a new trial places the parties in the same position as if no trial had been had ; the former verdict can not be used or referred to, either in the evidence or argument I. This section... | |
 | Idaho - 1901 - 620 σελίδες
...Supreme Court In no other way. — People v. Ah Sam, 41 Cal 645. Section 5591. Effect of New Trial: The granting of a new trial places the parties in the same position as if no trial had Ch. CCXXXI GROUNDS FOR NEW TRIAL 339 been had. All the testimony must be produced anew, and the former... | |
 | Melvin Bolli Ogden - 1902 - 854 σελίδες
...which to grant a new trial.43 The motion may be heard by a successor of the judge who tried the case.44 The granting of a new trial places the parties in...pleaded in bar of any conviction which might have been under the indictment.45 MOTION IX ARREST OF JUDGMENT. The motion can be founded only on detects appearing... | |
 | 1902 - 560 σελίδες
...former trial was had, only in the cases provided in section 465. § 464. Effect of granting new trial. The granting of a new trial places the parties in...or referred to, either in evidence or in argument. § 465. In what cases granted. The court in which a trial has been had upon au issue of fact has power... | |
 | Austin Abbott - 1902 - 850 σελίδες
...the latter. Foster v. State, 88 Ala. 182, 7 So. 185. The provision of Cal. Pen. Code, § 1180, that the granting of a new trial places the parties in the same position as if no trial had been had, does not, where an accused charged with two or more offenses in an indictment is acquitted of one and... | |
 | 1903 - 1038 σελίδες
...indictment or information." And Í 1180 of the Penal Code provides: "The granting of a new trial placea the parties in the same position as if no trial had...conviction which might have been had under the indictment." The latter part of 5 1180 has b'een held unconstitutional if made to apply to an offense of which the... | |
 | New York (State) - 1903 - 1164 σελίδες
...consent of the prisoner and jeopardy incurred without that consent." A statute which provides that "the granting of a new trial places the parties in the same position as if no trial had been had," is not unconstitutional. Com. v. Arnold, 88 Ky. 1 ; 4 Am. St. Rep. 114. In that case it was held that... | |
 | 1903 - 1254 σελίδες
...verdict is contrary to law or clearly against the evidence" (subdivision 6). Section 464 provides that the "granting of a new trial places the parties in the same position as if no trial had been had"; and section 544, "when a new trial is ordered, it shall proceed in all respects as if no trial had... | |
 | New York (State). Supreme Court. Appellate Division - 1903 - 766 σελίδες
..."when the verdict is contrary to law or clearly against evidence " (Subd. 6). Section 464 provides that the " granting of a new trial places the parties in the same position as if no trial had been had," and section 544 that, " when a new trial is ordered it shall proceed in all respects as if no trial... | |
 | 1903 - 1040 σελίδες
...have been convicted under that indictment or information." And § 1180 of the Penal Code provides: . "The granting of a new trial places the parties in the same position as if ло trial liad been had. All the testimony must be produced anew, and the former verdict cannot be... | |
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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... 
