 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.  Acts of the Legislature of Puerto Rico - Side 143av Puerto Rico - 1901Uten tilgangsbegrensning - Om denne boken
 | New York (State) - 1916 - 1240 sider
...People v. O'Connor (1902), 37 Misc. 754, 755, 70 XY Supp. 511. § 464. Effect of granting new trial. The granting of a new trial places the parties in the same position as if no trial had Iwn hnd. All the testimony must be produced anew; and the former verdict canrot be ujed or referred... | |
 | New York (State) - 1917 - 1248 sider
...People v. O'Connor (1902). 37 Misc. 754. 755, 76 XY Supp. 511. § 464. Effect of granting new trial. The granting of a new trial places the parties in the...as if no trial had been had. All the testimony must lie produced anew; and the former verdict cannot be used or referred to, either in evidence or in argument.... | |
 | Iowa. Supreme Court - 1917 - 864 sider
...a former conviction as a bar to a new indictment ; and that, under the provision of Code 5423, the granting of a new trial places the parties in the same position as if no trial had been had, and all the testimony must be produced anew ; and that the former verdict may not be used or referred... | |
 | 1918 - 1250 sider
...v. O'Connor (1902), 37 Misc. 754, 755, 70 XY f'upp. 511. § 464. Effect of granting new trial. The granting of a new trial places the parties in the...position as if no trial had been had. All the testimony mnst be produced anew; and the former verdict canrot be used or referred to, either in evidence or... | |
 | 1918 - 1214 sider
...granting a new trial. This view Is clearly erroneous. Under section 429, Code Criminal Procedure, the granting of a new trial places the parties In the same position as if no trial had been had, and requires that the testimony be produced anew. Sections 4.'!3 and 434, Code Criminal Procedure,... | |
 | William Mack, William Benjamin Hale, Donald J. Kiser - 1918 - 1426 sider
...which may be obviated by a new information,2 is constitutional, as is a statute providing that the granting of a new trial places the parties in the same position as if no trial had been had,8 but a statute providing that a nolle prosequi cannot be entered after any testimony has been... | |
 | Nevada - 1919 - 674 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, nor be pleaded 430 in bar of any conviction which might have been had under the indictment or information.... | |
 | 1920 - 168 sider
...judicial decision. Others have attained the like result by legislative aid. A statute providing that "the granting of a new trial places the parties in the same position as if no trial had been had" finds place in New York, Indiana, Kansas and Kentucky.46 In Missouri a modification of the double jeopardy... | |
 | 1921 - 240 sider
...therefore "can be made only by the defendant, and must be made before judgment" (5425, CC 9511). ' ' The granting of a new trial places the parties in the...testimony must be produced anew and the former verdict can not be used or referred to either in the evidence or in argument" (5423, CC 9513). It may be granted... | |
 | California - 1921 - 844 sider
...Ga. 329. 45 8. K. 365; Long v. State, 118 Ga. 319. 45 SE 416, 417. § 1180. EFFECT OF GRANTING. The granting of a new trial places the parties in the...testimony must be produced anew, and the former verdict can not be used or referred to, either in evidence or in argument, or be pleaded in bar of any conviction... | |
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