 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...  Reports of Cases Argued and Determined in the Supreme Court of Judicature of ... - Seite 556von Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, James Buckley Black, Michael Crawford Kerr, Augustus Newton Martin, John Worth Kern, Francis Marion Dice, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1875Vollansicht - Über dieses Buch
 | Arkansas. Supreme Court - 1876 - 738 Seiten
...degree and a bar to a second trial for that grade of offense. There is a code provision 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 in evidence... | |
 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 Seiten
...the court in which the former trial was had, only in the cases provided in section 544. <• § 543. 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... | |
 | New York (State)., New York (State). Commissioners on Practice and Pleadings - 1850 - 558 Seiten
...by the court in which the former trial was had, only in the cases provided in section 524. § 523. 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... | |
 | Kansas - 1858 - 482 Seiten
...issue, in the New trial, same court. SEC. 2. That the granting of a new trial places the parties Same, in the same position as if no trial had been had ; the former verdict cannot be used or referred to either in the evidence or argument. SEC. 8. That the court may grant... | |
 | Kansas - 1859 - 726 Seiten
...Judgment. SEC. 256. A new trial is a re-examination of the issue in the ».» . same court. SEO. 257. The granting of a new trial places the parties in the same. same position as if no trial had been had ; the former verdict cannot be used or referred to either... | |
 | Colorado, Jefferson Territory - 1860 - 312 Seiten
...court, before another jury after a verdict has been given. Effect of granting a new trial. SEC. 333. 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 another... | |
 | Montana (Ter.) - 1866 - 792 Seiten
...OF JUDGMENT. SEC. 234. A new trial, is a re-examination of the issue, in the same court. SEC. 235. 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. causes, or any of them : First,... | |
 | Montana - 1866 - 802 Seiten
...OF JUDGMENT. SEC. 234. A new trial, is a re-examination of the issue, in the same court. SEC. 235. 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. . SEC. '236. The court may grant... | |
 | 1875 - 438 Seiten
...of manslaughter on an information for murder, and obtained a new trial ; the statute provided that "the granting of a new trial places the parties in the same position as if no trial had been had ; " hM, that the defendant had waived the constitutional safeguard against being twice put in jeopardy,... | |
 | 1888 - 564 Seiten
...shown. Section 4488 of the Code has reference to new trials in criminal ca»es, and 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... | |
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