 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
 | California, Theodore Henry Hittell - 1876 - 986 σελίδες
...before another jury, after a verdict has been given. 14.180. Effect of granting new trial. SEC. 1180. 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... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1890 - 658 σελίδες
...the learned prosecutor comes within par. 35, of the Laws of 1884, p. 125-126, 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... | |
 | Utah - 1878 - 238 σελίδες
...C- -^- new tri a jj sa re-examination of after a verdict has been given. its effect S EC - '^"- — 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 cither... | |
 | Jacob Conrad Davis - 1879 - 698 σελίδες
...re-examination of the issue in the same court before another jury, after a verdict has been given. SEC. 4488. 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... | |
 | George Louis Reinhard - 1879 - 588 σελίδες
...— Under sections 140 and 141 of the criminal code, 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. Ibid. Omission in verdict. — The question as to an omission in a verdict to fix the... | |
 | California - 1881 - 806 σελίδες
...People v. Fia/ier, 51 Cal. 319; People v. Keyser, 53 Id. 183; People v. Hewell, 6 Pac. CLJ 448. 1180. 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 can not be used or referred to either... | |
 | California - 1881 - 946 σελίδες
...bill of exceptions, and can be reviewed by the Supreme Court in no other way— 41 Cal. 651. 1180. 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... | |
 | Oliver Lorenzo Barbour - 1883 - 840 σελίδες
...trial was had, only in the cases provided in section 465. (§ 463.) Effect of granting new trial] — 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 can not be used or referred to, either... | |
 | 1888 - 672 σελίδες
...ordered. In passing it may be well to remark that section 464 of the Code of Criminal Procedure, which provides that " the granting of a new trial places...in the same position as if no trial had been had," etc., has no application to cases brought before this court on appeal. That section applies to new... | |
 | 1892 - 1156 σελίδες
...upon which it shall be granted, and the procedure by which it may be Obtained; and section :if>2 says: "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 the argument." Appellant contends... | |
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