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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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Civil and Criminal Codes of Practice of Kentucky: With Notes of Decisions of ...

Kentucky - 1895 - 796 sider
...verdict has been given. § 270 (»««] Effect of new trial — former verdict not referred to. 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 in evidence or in argument. whole jury Is present assenting to the ment...
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Civil and Criminal Codes of Practice of Kentucky: With Notes of Decisions of ...

Kentucky - 1895 - 800 sider
...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...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 evidence or in argument....
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Report of the Commissioners for the Revision and Reform of the Law, December ...

California. Commission for Revision and Reform of the Law - 1896 - 336 sider
...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...
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The Code of Criminal Procedure of the State of New York: As Amended of 1896

1896 - 928 sider
...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...
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Code of Criminal Procedure of the State of New York: With Annotations and ...

1897 - 546 sider
...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...
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The Penal Code and Code of Criminal Procedure of the State of New York: With ...

New York (State), William Henry Silvernail - 1897 - 1152 sider
...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...
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The Pacific Reporter, Volum 49

1897 - 1212 sider
...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)...
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The American State Reports: Containing the Cases of General Value ..., Volum 62

Abraham Clark Freeman - 1898 - 1050 sider
...been had under the indictment": 2 Utah Comp. Laws, 1888, sec. 5093. This section declares: 1. That the granting of a new trial places the parties in the same position ns if no trial had been had; 2. That all the testimony must be produced anew on the new trial; 3. That...
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The South Western Reporter, Volum 52

1899 - 1226 sider
...first count; and especially is this so in this Jurisdiction. Section 2299, Mansf. Dig., provides: "The granting of a new trial places the parties in the same position as if no trial had been had. All of the testimony must be produced anew and the former verdict cannot be used or referred to in evidence...
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The Southwestern Reporter, Volum 52

1899 - 1218 sider
...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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