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Bøker Bok 110 av 180The granting of a new trial places the parties in the same position as if no 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 cannot be used or referred to, either in evidence or in argument, or be pleaded in bar of... "
The Code of Criminal Procedure [and Penal Code] of the State of New York, as ... - Side 184
av New York (State) - 1891 - 1069 sider
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Reports of Cases at Law and in Equity Argued and Determined in the ..., Volum 29

1876
...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...and the former verdict cannot be used or referred to in evidence or argument" Gantt's Dig., sec. 1972. No doubt that the granting of a new trial upon the...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848
...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...or referred to, either in evidence or in argument. § 544. The court in which a new trial is had upon an issue of fact, has power to grant a new trial,...
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The Code of Criminal Procedure of the State of New York

New York (State), New York (State). Commissioners on Practice and Pleadings - 1850 - 486 sider
...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,...or referred to, either in evidence or in argument. § 524. The court in which a new trial is had upon an issue of fact, has power to grant a new trial,...
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The Code of Criminal Procedure of the State of New York

New York (State), New York (State). Commissioners on Practice and Pleadings - 1850 - 486 sider
...only in the cases provided in section 524. § 523. The granting of a new trial places the parties i# the same position, as if no trial had been had All...the former verdict cannot be used or referred to, cither in evidence or in argument. § 524. The court in which a new trial is had upon an issue of fact,...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, F. A. Snyder - 1853 - 1071 sider
...court before another jury, after a verdict has been given. It places the parties in the same condition as if no trial had been had. All the testimony must...or referred to either in evidence or in argument, when new trial SEC. 440. The court in which a new trial is had upon the issue of tad- facts, has power...
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Digest of the laws of California: containing all laws of a general character ...

William H. R. Wood - 1857 - 820 sider
...court before another jury, after a verdict has been given. It places the parties in the same condition ays, committing a willful injury to property ; and...exceeding five hundred dollars, or imprisonment not ex argument.(l) Л FÎT. 1079, Sec,. 440. The court in which a new trial is had upon an issue of fact...
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Provisional laws and joint resolutions passed at the first and called ...

Colorado, Jefferson Territory - 1860 - 303 sider
...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...and the former verdict cannot be used or referred to another in evidence or argument. For what reason a new trial may be granted. SEC. 334. The court may...
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Laws of the Territory of Idaho

Idaho - 1864
...court, before another jury, after a verdict has been given. It places the parties in the same condition as if no trial had been had. All the testimony must...or referred to either in evidence or in argument. SEC. 427. The court in which a new trial is had upon the issue of fact has power to grant a new trial,...
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Laws of the Territory of Idaho

1864
...court, before another jury, after a verdict has been given. It places the parties in the same condition as if no trial had been had. All the testimony must...former verdict cannot be used or referred to either iu evidence or in argument. SEC. 427. The court in which a new trial is had upon the issue of fact...
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The General Laws of the State of California, from 1850 to 1864 ..., Volum 1

Theodore Henry Hittell - 1865 - 8566 sider
...jury, after a verdict has been given. It places the parties in the same condi- «"саГвтв. tion as if no trial had been had. All the testimony must be produced anew, and the e Col «a former verdict cannot be used or referred to either in evidence or in argument. 2027. SEC....
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