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" 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 143
av Puerto Rico - 1901
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The Penal Code of the State of California

California - 1874 - 628 sider
...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...
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A Treatise on the Law of Homicide in the United States: To which is Appended ...

Francis Wharton - 1875 - 794 sider
...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...
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The American Reports: Containing All Decisions of General Interest ..., Volum 14

Isaac Grant Thompson - 1875
...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...
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The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Volum 11

1875
[ Beklager, innholdet på denne siden er tilgangsbegrenset. ]
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A Treatise on the Law of Homicide in the United States: To which is Appended ...

Francis Wharton - 1875 - 794 sider
...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...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volum 48

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
...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,...
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Acts, Resolutions, and Memorials Passed at the ... Annual, and Special ...

Utah - 1878
...-^- 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...and the former verdict cannot be used or referred to cither in evidence or in argument. New trial. when • j. ji -i .? ijji ji , iSEC. 318. — When a...
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Iowa Criminal Code and Digest and Criminal Pleading and Practice

Jacob Conrad Davis - 1879 - 678 sider
...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...former verdict cannot be used or referred to either in the evidence or in argument. SEC. 4489. The court may grant a new trial for the following causes, or...
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The Criminal Law of Indiana, with Precedents for Indictments, Informations ...

George Louis Reinhard - 1879 - 555 sider
...— 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...
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Criminal Law, Pleading and Practice in the Courts of the State of California ...

California - 1881 - 725 sider
...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...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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