 | New York (State) - 1901 - 1238 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... | |
 | 1902 - 560 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... | |
 | Melvin Bolli Ogden - 1902 - 854 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... | |
 | Austin Abbott - 1902 - 850 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... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1903 - 796 sider
...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,... | |
 | 1903 - 1254 sider
...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... | |
 | New York (State) - 1903 - 1164 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... | |
 | New York (State). Supreme Court. Appellate Division - 1903 - 766 sider
..."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... | |
 | 1903 - 1040 sider
...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... | |
 | 1903 - 1038 sider
...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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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... 
