 | California. Supreme Court - 1906 - 812 sider
...offenses. (Pen. Code, sees. 217, 245.) Section 1180 of the Penal Code 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." There can be... | |
 | California - 1906 - 996 sider
...1851, 290. En. 1851, 212. Cal. Eep. Cit. 4, 377; 4, 380; 46, 48. § 1180. Its effect. 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. En. February... | |
 | Canal Zone, Isthmian Canal Commission (U.S.) - 1906 - 318 sider
...re-examination of the issue in the same court after a verdict has been given. SEC. 217. The granting of a new trial places the parties in the same position...had. All the testimony must be produced anew, and the foi'mer verdict cannot be used or referred to either in evidence or in argument, or be pleaded in bar... | |
 | Charles Zebina Lincoln - 1906 - 830 sider
...granting of a new trial places the partiet in the same position as if no trial had been had," and that "all the testimony must be produced anew, and the...or referred to, either in evidence or in argument," the court say that "the effect of the defendant's appeal is merely to continue the trial under the... | |
 | 1906 - 812 sider
...Procedure, was under consideration. Those sections enacted as follows : "Sec. 464. The granting of a new trial places the parties in the same position as if no trial had been had. "Sec. 644. When a new trial is ordered it shall proceed in all respects as if no trial had been had."... | |
 | New York (State) - 1906 - 610 sider
...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. All the testimony must be produced anew ; and the former verdict can not be used or referred, to, either in evidence or in argument. People r. Palmer, 43 Hun, 409;... | |
 | California - 1915 - 1172 sider
...sentence of Crim. Prac. Act, Stats. 1851, p. 2(50, § 439. § 1180. Effect of granting. The granting of : or be pleaded in bar of any conviction which might have been had tinder the indictment. [Amendment... | |
 | 1915 - 1312 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...and the former verdict cannot be used or referred to in evidence or in argument." [3-5] It is not disputed that upon the first trial had under an indictment... | |
 | California - 1915 - 1172 sider
...sentence of Grim. Prac. Act, Stats. 1851, p. 260, § 439. § 1180. Effect of granting. The granting of a new trial places the parties in .the same position as if no trial had been had. All the testimony mus^ be produced anew, and the former verdict cannot be used or referred to. either in evidence or... | |
 | Iowa. Supreme Court - 1916 - 874 sider
...returned by a jury of his peers. . This was in plain violation of Section 5423 of the Code, directing that "new trial places the parties in the same position...former verdict cannot be used or referred to, either in the evidence or in argument". The defendant was accused in the indictment of murder in the first degree... | |
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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... 
