 | 1888 - 672 sider
...it may be well to remark that section 464 of the Code of Criminal Procedure, which provides that " the granting of a new trial places the parties in the same position as if no trial had been had," etc., has no application to cases brought before this court on appeal. That section applies to new... | |
 | New York (State) - 1884 - 542 sider
...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. AE the testimony must be produced anew ; and the former verdict cannot be used or referred to, either... | |
 | 1886 - 1338 sider
...learned prosecutor comes within section 35 of the laws of 1884, p. 125, 120, which is as follows : " 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... | |
 | Utah - 1884 - 666 sider
...parties or not, strike out alL other matters contained therein. J r 11 o oi MI /» • Hill of exceptrial 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... | |
 | 1894 - 1166 sider
...judgment. Grim. Pr. Act, § 357. The order granted a new trial, and the effect of this order is to place "the parties in the same position as if no trial had been had." Grim. Pr. Act, 8 353; State v. Thompson, 10 Mont. 5(u, 27 Рас. 349. Therefore, In the case at bar,... | |
 | 1903 - 1174 sider
...EMBEZZLEMENT AND LARCENY— VERDICT— CONVICTION ON ONB COUNT— EFFECT— AUTREFOIS ACQUIT— NEW TRIAL. trial places the parties in the same position as If no trial had been had, a verdict COQ rioting defendant of inrceny under an indictmeut in two counts, cbarping embezzlement... | |
 | Edward Warren Hines, William Pope Duvall Bush, John Cleland Wells, Frank L. Wells, Findlay Ferguson Bush, Horace C. Brannin, William Cromwell, W. J. Chinn, Walter G. Chapman, R. G. Higdon, Thomas Robert McBeath - 1885 - 914 sider
...Commonwealth in overruling the demurrer to the plea. Section 270 of the Criminal Code provides that "the granting of a new trial places the parties in the same position as if mi trial had been had. All the testimony must be produced anew, and the former verdict can not be used... | |
 | California - 1886 - 992 sider
...judge who presided at the v. Hewell, 6 l'ac. CLJ 448. 1180. Effect of granting new (rial. SEC. 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... | |
 | 1886 - 988 sider
...remark of the learned prosecutor comes within section 35, Laws 1884, pp. 125, 126, which is as follows: "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... | |
 | Isaac Grant Thompson - 1886 - 934 sider
...a re-examination of the issue m the same court before another jury after verdict has been given. It 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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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... 
