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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 Code of Criminal Procedure of the State of New York: With Notes of ...

New York (State) - 1884 - 510 sider
...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 been had. AE the testimony must be produced anew ; and the former verdict cannot be used or referred to, either...
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The Pacific Reporter, Volum 49

1897
...no trial had been had: (-> that all the testimony must be produced anew on the new trial; (3) that the former verdict cannot be used or referred to either in evidence or in argument, or lie pleadetl in bar of any conviction which might have been had under the Indictment. Unless this section...
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McClain's Annotated Statutes of the State of Iowa: Showing the ..., Volum 2

Iowa, Emlin McClain - 1884 - 1450 sider
...verdict has been given, c 'si^fsoio SEC. 4488. T<ie granting of a new trial places the parties in Eflect. the same position as if no trial had been had. All the testimony p' ^i^j'lwi must b • produced anew and the former verdict cannot be used or referred to either in...
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New York Criminal Reports: Reports of Cases Decided in All Courts ..., Volum 5

1888
...of California provided, as does our section 544 above cited, that the granting of a new trial placed the parties in the same position as if no trial had been had. It was urged in the case cited, that this provision — a new trial being granted — opened the entire...
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The Pacific Reporter, Volum 35

1894
...judgment. Grim. Pr. Act, § 357. The order granted a new trial, and the effect of this order is to place "the parties in the same position as if no trial had been had." Grim. Pr. Act, 8 353; State v. Thompson, 10 Mont. 5(u, 27 Рас. 349. Therefore, In the case at bar,...
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The Code of Criminal Procedure of the State of New York: With Notes of ...

New York (State) - 1885 - 510 sider
...trial was had, only in the cases provided in section 466. § 464. Effect of granting new trial. — The granting of a new trial places the parties in the...or referred to, either in evidence or in argument. § 465. When granted. — The court in which a trial has been had upon an issue of fact has power to...
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The Northeastern Reporter, Volum 65

1903
...EMBEZZLEMENT AND LARCENY— VERDICT— CONVICTION ON ONB COUNT— EFFECT— AUTREFOIS ACQUIT— NEW TRIAL. trial places the parties in the same position as If no trial had been had, a verdict COQ rioting defendant of inrceny under an indictmeut in two counts, cbarping embezzlement...
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The Kentucky Law Reporter, Volum 6

Edward Warren Hines, William Pope Duvall Bush, John Cleland Wells, Frank L. Wells, Findlay Ferguson Bush, Horace C. Brannin, William Cromwell, W. J. Chinn, Walter G. Chapman, R. G. Higdon, Thomas Robert McBeath - 1885
...Commonwealth in overruling the demurrer to the plea. Section 270 of the Criminal Code provides that "the granting of a new trial places the parties in the same position as if mi trial had been had. All the testimony must be produced anew, and the former verdict can not be used...
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The Northeastern Reporter, Volum 22

1890
...Criminal Procedure, which provides that, upon the new trial after the reversal of a former conviction, "the former verdict cannot be used or referred to, either in evidence or on argument." But we do not know under what precise circumstances the language was used, nor what prompted...
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The American Reports: Containing All Decisions of General Interest ..., Volum 53

Isaac Grant Thompson - 1886
...one in force at the time of the decision in People v. Gilmore. It can do little more than to place the parties " in the same position as if no trial had been had," as provided in the first act. But it is worthy of notice that a careful examination of the opinion...
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