 | 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 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... | |
 | William Mack, William Benjamin Hale, Donald J. Kiser - 1918 - 1426 sider
...variance, which may be obviated by a new information,2 is constitutional, as is a statute providing that the granting of a new trial places the parties in the same position as if no trial had been had,8 but a statute providing that a nolle prosequi cannot be entered after any testimony has been... | |
 | 1918 - 1214 sider
...CRIMINAL LAW <g=»965— NEW TRIAL— NATURE AND SCOPB OF REMEDY. Under Code Cr. Proc. 8 429, the grnntinK of a new trial places the parties in the same position as if no trial had been had and requires that the testimony be produced anew. 2. CRIMINAL LAW C=»1SO, 970 — A ÜBEST OF JUDGMENT.... | |
 | 1920 - 168 sider
...judicial decision. Others have attained the like result by legislative aid. A statute providing that "the granting of a new trial places the parties in the same position as if no trial had been had" finds place in New York, Indiana, Kansas and Kentucky.46 In Missouri a modification of the double jeopardy... | |
 | 1921 - 240 sider
...therefore "can be made only by the defendant, and must be made before judgment" (5425, CC 9511). ' ' 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... | |
 | United States. Supreme Court - 1921 - 1160 sider
...142, 62 Am. St. Rep. 911. 49 Рае, 293, it is held, independently of the statutory provision that the granting of a new trial places the parties in the same position as if no trial had been had, that, when a defendant is found guilty of a lower grade of crime than the highest charged in the indictment,... | |
 | Oklahoma - 1921 - 672 sider
...re-examination of the issue in the same court, before another jury, after a verdict has been given. 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 except of witnesses who are absent from the State or dead,... | |
 | California - 1921 - 844 sider
...118 Ga. 329. 45 8. K. 365; Long v. State, 118 Ga. 319. 45 SE 416, 417. § 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 must be produced anew, and the former verdict can not be used or referred to, either... | |
 | Panama Canal (Panama) - 1922 - 336 sider
...new trial is a reexamination 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 as if no trial had been had. All the testimony must be produced anew,292 and the former verdict can not be used or referred to either... | |
 | Daniel Woolsey Crockett - 1922 - 1014 sider
...(1905) Under Stat. 1893, art. 14, eh. 68, i 1 (Wilson's Rev. & Ann. Stat. 1903, g 5556), declaring that the granting of a new trial places the parties in the same position as if no trial had been had, a defendant who has been convicted of manslaughter under an indictment charging murder may, on being... | |
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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... 
