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Bøker Bok 4150 av 187The granting of a new trial places the parties in the same position as if no 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 cannot be used or referred to, either in evidence or in argument, or be pleaded in bar of... "
The Criminal Law of Indiana, with Precedents for Indictments, Informations ... - Side 421
av George Louis Reinhard - 1879 - 555 sider
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United States Reports: ... and Rules Announced at ...

United States. Supreme Court - 1887
...section of the act of the territory regulating proceedings in criminal cases, which declares that " the 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...
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United States Reports: Cases Adjudged in the Supreme Court at ... and Rules ...

United States. Supreme Court - 1887
...that section of the act of the territory regulating proceedings in criminal cases, which declares that "the granting of a new trial places the .parties in the same position as if no trial had been had,'' and that " ah1 the testimony must be produced anew, and the former verdict cannot be used or referred...
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The Southwestern Reporter, Volum 173

1915
...©=»965— NEW TKIAI/— PROCEEDINGS AT NEW TRIAL — ELECTION. Under Cr. Code Prac. § 270, providing that the granting of a new trial places the parties in the same position as if no trial luid been had, where, on the first trial of an indictment for carnally knowing a female under 16, the...
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The Southern Reporter, Volum 9

1891
...be again tried for murder; but the decision is expressly put upon the following statutory provision: "The granting of a new trial places the parties in the same position ns If no trial had been had; the former verdict cannot be used or referred to, either in evidence or...
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The Revised Statutues of the State of Indiana: Constitutions. Codes. Wills

Indiana - 1888
...Definition. 265. A new trial is a re-examination of the issues in the same Court. 1841. Effect. 266. The granting of a new trial places the parties in...or referred to, either in the evidence or argument. 1842. Causes — Motion when. 267. The Court shall grant a new trial to the defendant for the following...
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The Northwestern Reporter, Volum 37

1888
...same court, before another jury, after another verdict had been given." Code, § 4488, provides that "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. * * *" These provisions are expressly applicable to proceedings...
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The American State Reports: Containing the Cases of General Value ..., Volum 4

Abraham Clark Freeman - 1889
...TRIAL SHALL BE GRANTED to one who has been convicted of * crime; and a statute which provides that " the granting of a new trial places the parties in the same position as if no trial had been had " U not unconstitutional. Id. 4. AN INQUIRY RESPECTING THE SANITY OF A PRISONER AT THE TIME OF HIS...
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A Treatise on the Law of Trials in Actions Civil and Criminal, Volum 1

Seymour Dwight Thompson - 1889 - 2376 sider
...Key. Stat. 663. Tex., Code. Crim. Pro., art. 876. ing proceedings in criminal cases, declares that the 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...
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The Code of Criminal Procedure and Penal Code of the State of New York, as ...

New York (State) - 1889 - 790 sider
...the cases provided in section four hundred and sixty-five. § 464. Effect of granting a new trial.— The granting of a new trial places the parties in the same position as if no trial had beeu had. All the testimony must be produced anew ; and the former verdict cannot be used or referred...
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The Code of Criminal Procedure [and Penal Code] of the State of New York, as ...

New York (State) - 1891 - 1069 sider
...consent of the prisoner and jeopardy incurred without that consent." A statute which provides that " the granting of a new trial places the parties in the same position as if no trial had been had," is not unconstitutional. Com. v. Arnold, 83 Ky. 1 ; 4 Am. St. Rep. 114. In that case it was held that...
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