 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
 | Kentucky - 1895 - 800 σελίδες
...after a verdict has been given. $ 270 see; Effect of new trial — former verdict not referred to. The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony rnnst be produced anew, and the former verdict can not be used or referred to in... | |
 | 1896 - 1164 σελίδες
...the plea in bar should have been sustained. This contention cannot be maintained. The Criminal Code provides that "the granting of a new trial places...In the same position as If no trial had been had." Section 274. "Upon the defendant's motion for a new trial the court granted Just what he asked, and... | |
 | California. Commission for Revision and Reform of the Law - 1896 - 336 σελίδες
...cases where the judgment is not of death. SECTION 1180. To be amended to read as follows: Sec. 1180. The granting of a new trial places the parties in the same position as if no trial had been had, except where the accused was charged with the commission of more than one offense, and was acquitted... | |
 | 1896 - 1164 σελίδες
...the plea ill bar should have been sustained. This contention cannot be maintained. The Criminal Code provides that "the granting of a new trial places the parties in the same position ¡is if no trial had been had.'1 Section 274. "Upon the defendant's motion for a new trial the court... | |
 | 1896 - 928 σελίδες
...86; People •- Trezza, 128 NY S3'2. } 464. Effect of granting new trial. — The granting of a new places the parties in the same position as if no trial had been All the testimony must be produced anew ; and the former verdict can not be used or referred to, either... | |
 | 1897 - 546 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 the same position as if no trial had l>een had. All the testimony must be produced anew ; and the former verdict cannot be used or referred... | |
 | 1897 - 1212 σελίδες
...have been had under the indictment" 2 Сотр. Laws, Utah, 1888, § 5093. This section declares: (1) That the granting of a new trial places the parties In the same position ae if no trial bad been had; (2) that all the testimony must be produced anew on the new trial; (3)... | |
 | New York (State), William Henry Silvernail - 1897 - 1152 σελίδες
...(NY Const., art. 1, section 6.) People v. Palmer. 15 St. Rep., 78; 109 NY, 416. Same position. — The granting of a new trial places the parties in the same position as though no trial had been had. Id. • The fact that a new trial has been ordered does not affect the... | |
 | Abraham Clark Freeman - 1898 - 1050 σελίδες
...and may be again put on trial for murder in the first degree, if the statutes of the state declare that the granting of a new trial places the parties in the game position as if no trial had been had, that all the testimony must be produced anew, and that the... | |
 | 1899 - 1218 σελίδες
...or referred to in evidence or in argument." While this section does not have the effect of placing the parties in the same position as If no trial had been had as to 'counts of an Indictment which charge separate and distinct offenses, npon some of which there... | |
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