 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 135των Austin Abbott - 1902 - 814 σελίδεςΠλήρης προβολή - Σχετικά με αυτό το βιβλίο
 | 1888 - 564 σελίδες
...shown. Section 4488 of the Code has reference to new trials in criminal ca»es, and 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... | |
 | 1874 - 436 σελίδες
...thought that to be the law irrespective of statutes, it rested its decision mainly on a statute providing that " the granting of a new trial places the parties in the same position as if no trial had been tad; the former verdict cannot be used or referred to either in evidence or argument." The constitution... | |
 | California - 1872 - 698 σελίδες
...doiiiiod. the issue 111 the same Court, before another jury, after a verdict has been given. _•" 1180. The granting of a new trial places the parties in the same position as if no trial hail been had. All the testimony must be produced anew, and the former verdict cannot be used or referred... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1874 - 678 σελίδες
...the ground that it has been made to appear to the court that the conviction was wrongful. The statute provides that the granting of a new trial places the...in the same position as if no trial had been had. 2 G. & H. 423, sec. 141. We are referred by counsel for appellant to Griffis v. Scllars, 2 Dev. & Bat.... | |
 | Isaac Grant Thompson - 1874 - 820 σελίδες
...beyond reasonable doubt, that the act was criminal. State v. Pattenon (Vt.), 200. 3. A statute provided that " the granting of a new trial places the parties...in the same position as if no trial had been had." Defendant was convicted of manslaughter, on an information charging murder; and a new trial was granted... | |
 | California - 1874 - 712 σελίδες
...jury, after a verdict has been given. 1180. (§439.) The granting of a new trial places its effect, the parties in the same position as if no trial had been J had. All the testimony must be produced anew, and the former verdict cannot be used or referred to... | |
 | Francis Wharton - 1875 - 854 σελίδες
...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." It was held, that the defendant had waived the constitutional safeguard against being twice put in... | |
 | Isaac Grant Thompson - 1875 - 866 σελίδες
...232), 12 Am. Rep. 469, and the note thereto. In the latter case it waa held, under a statute providing that " the granting of a new trial places the parties in the same position as if no trial had been State v. Belden. bad," that a defendant who had been convicted of manslaughter on an information charging... | |
 | Francis Wharton - 1875 - 848 σελίδες
...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 aa if no trial had been had." It was held, that the defendant had waived the constitutional safeguard... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1875 - 678 σελίδες
...sections 140 and 141 of the criminal code (2 G. & H. 423), the granting of a new trial in a criminal cause places the parties in the same position as if no trial had ever been had. JJ. PARENT AND CHILD. See CONTRACT, 2. PARTIES. See ASSESSMENT or DAMAGES, 1 ; JURISDICTION,... | |
| |
