 | New York (State) - 1884 - 542 sider
...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... | |
 | New York (State) - 1885 - 550 sider
...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 same position...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... | |
 | 1886 - 988 sider
...prosecutor comes within section 35, Laws 1884, pp. 125, 126, which is as follows: "The granting of a new trial places the parties in the same position...or referred to, either in evidence or in argument, or be pleaded in bar of any conviction which might have been had under the indictment." We think the... | |
 | California - 1886 - 992 sider
...presided at the v. Hewell, 6 l'ac. CLJ 448. 1180. Effect of granting new (rial. SEC. 1180. The granting of a new trial places the parties in the same position...or referred to either in evidence or in argument, or be pleaded in bar of any conviction which might have been had under the indictment. {Amendment,... | |
 | Isaac Grant Thompson - 1886 - 934 sider
...decision was made under a provision of the statute enacted in 1874, which is as follows: "The granting of a new trial places the parties in the same position...had. All the testimony must be produced anew, and the Bohanan v. State. former verdict cannot be used or referred to either in evidence or in argument, or... | |
 | 1915 - 1382 sider
...allowed to make another election. Section 270, of the Criminal Code is as follows: "The granting of a new trial places the parties in the same position...trial had been had, all the testimony must be produced aiiew, and the former verdict cannot be used or referred to in evidence or in argument." [3-5] It is... | |
 | United States. Supreme Court - 1887 - 888 sider
...granting of a new trial places the parties in the same position as if no trial had been had," and that " all the testimony must be produced anew, and the former...or referred to either in evidence or in argument." (Laws of Utah of 1878, p. 126, § 317.) The object of this law was to prevent the accused from being... | |
 | 1891 - 974 sider
...following statutory provision: "The granting of a uew trial places the parties in the same position as il no trial had been had. All the testimony must be produced...and the former verdict cannot be used or referred to in evidence or in argument. " In State v. McCord, 8 Kan. 232, where the same doctrine is held, the... | |
 | 1887 - 542 sider
...granting of a new trial places the parties in the same position as if no trial had been had," and that "all the testimony must be produced anew, and the...former verdict cannot be used or referred to either iii evidence or in argument." Laws Utah 1878, p. 126, § 317. The object of this law was to prevent... | |
 | 1910 - 1390 sider
...FOBMEB JEOPARDY — REVERSAL AND DISMISSAL. Under Cr. Code Prac. § 270, providing that the granting of a new trial places the parties in the same position as if no trial had been had, where a conviction of challenging to fight a duel was reversed and the prosecution dismissed without... | |
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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, or be pleaded in bar of... 
