 | Indiana - 1905 - 1192 sider
...the same court. See sections 1909-1911, Burns' RS 1901, and notes. 1922. Effect of granting. — 281. 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 the argument. See note to section 1910, Burns'... | |
 | New York (State), William Henry Silvernail - 1905 - 1252 sider
...(NY Const., art. 1, section 6.) People r. Palmer, 15 St. Rep., 78; 109 NY, 416. Same position. — The granting of a new trial places the parties in the same position as though no trial had been had. Id. The fact that a new trial has been ordered does not affect the validity... | |
 | California - 1906 - 996 sider
...20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 4, 377; 4, 380; 46, 48. § 1180. Its effect. 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... | |
 | Charles Zebina Lincoln - 1906 - 840 sider
...Discussing this question and construing § 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," and that "all the testimony must be produced anew, and the former verdict cannot be used or referred... | |
 | 1906 - 812 sider
...Code of Criminal Procedure, was under consideration. Those sections enacted as follows : "Sec. 464. The granting of a new trial places the parties in the same position as if no trial had been had. "Sec. 644. When a new trial is ordered it shall proceed in all respects as if no trial had been had."... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1906 - 704 sider
...Kentucky, Indiana and Kansas there is a, different rule based on statutory provisions, to the effect that "a new trial places the parties in the same position as if no trial had been had. " The California courts, however, hold, on a similar statutory provision, that there can be no second prosecution... | |
 | United States. Supreme Court - 1906 - 1434 sider
...Indiana, and Kansas, a different rule has been adopted, based on statutory provisions, to the effect that a new trial places the parties in the same position as if no trial had been had. Com. v. Arnold, 83 Ky. 1, 4 Am. St. Rep. 114; Morris v. State, 1 Blackf. 37; Vcatch v. State, 60 Ind.... | |
 | New York (State) - 1906 - 610 sider
...Abb. N. 0. 187; 16 W. Dig. 86: Peoule v. Trczza, l2S NY 632. § 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... | |
 | Canal Zone. Supreme Court - 1909 - 524 sider
...though the same had nevei been tried," while section 217 of the Code of Criminal Procedure provides that "the granting of a new trial places the parties in the same position as if no trial had been had." It is apparent that the perfected appeal from the conviction and sentence in the District Court opetates... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1909 - 712 sider
...Kentucky, Indiana and Kansas there is a different rule based on statutory provisions, to the effect that "a new trial places the parties in the same position as if no trial had been had. " The California courts, however, hold, on a similar statutory provision, that there can be no second prosecution... | |
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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... 
