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Bøker Bok 7180 av 191The 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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The Code of Criminal Procedure and Penal Code of the State of New York: As ...

New York (State). - 1901 - 447 sider
...Rep. 109; People Y. Draper, 28 Hun, 3. § 464. Effect of granting a new trial. — The granting ot 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, eicher...
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The Code of Criminal Procedure of the State of New York: Including the ...

C. D. Rust - 1902 - 238 sider
...former 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 been had. All the testimony must be produced anew ; and the former verdict cannot be used or referred to, either...
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Ogden's Revised California Real Property Law, Volum 2

Melvin Bolli Ogden - 1902 - 1810 sider
...the same court, before another jury, after a verdict has been given. 72 Cal. 15. Its effect. 1180. 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...
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A Brief for the Trial of Criminal Cases

Austin Abbott, William Constantine Beecher - 1902 - 814 sider
...the latter. Foster v. State, 88 Ala. 182, 7 So. 185. The provision of Cal. Pen. Code, § 1180, that the granting of a new trial places the parties in the same position as if no trial had been had, does not, where an accused charged with two or more offenses in an indictment is acquitted of one and...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volum 159

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, James Buckley Black, Michael Crawford Kerr, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1903
...trial are clearly defined by statute: "A new trial is a reexamination of the issues in the same court. The granting of a new trial places the parties in...position as if no trial had been had; the former verdict cannot be used or referred to, either in the evidence or argument." §§1909, 1910 Burns 1901, §§1840,...
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The New York Supplement

1903
...verdict is contrary to law or clearly against the evidence" (subdivision 6). Section 464 provides that the "granting of a new trial places the parties in the same position as if no trial had been had"; and section 544, "when a new trial is ordered, it shall proceed in all respects as if no trial had...
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The Code of Criminal Procedure and Penal Code of the State of New York, as ...

John Thomas Cook - 1903 - 1078 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, 88 Ky. 1 ; 4 Am. St. Rep. 114. In that case it was held that...
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Reports of Cases Heard and Determined in the Appellate Division of ..., Volum 79

New York (State). Supreme Court. Appellate Division, Marcus Tullius Hun, Jerome B. Fisher, Austin B. Griffin - 1903
..."when the verdict is contrary to law or clearly against evidence " (Subd. 6). Section 464 provides that the " granting of a new trial places the parties in the same position as if no trial had been had," and section 544 that, " when a new trial is ordered it shall proceed in all respects as if no trial...
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Lawyers' Reports Annotated, Bok 61

1903
...have been convicted under that indictment or information." And § 1180 of the Penal Code provides: . "The granting of a new trial places the parties in the same position as if ло trial liad been had. All the testimony must be produced anew, and the former verdict cannot be...
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Lawyers' Reports Annotated, Bok 61

1903
...indictment or information." And Í 1180 of the Penal Code provides: "The granting of a new trial placea 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...
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