 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
 | New York (State) - 1892 - 974 Seiten
...Abb. NC 1S7; 16 W. Dig. 86; People •. Trezza, liS 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 can not be used or referred to, either... | |
 | 1893 - 1170 Seiten
...id. 409; 5 NY Or. Rep. 109; People v. Draper, 28 Hun, 8. § 464. Effect of granting a 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... | |
 | Indiana, Harrison Burns - 1894 - 1050 Seiten
...265. A new trial is a re-examination of the issues in the same court. 1910. (1841. ) Effect.— 266. The granting of a new trial places the parties in...or referred to, either in the evidence or argument. This section is constitutional; and where a defendant obtains a new trial, he consents to take it on... | |
 | Frank Sumner Rice - 1894 - 1062 Seiten
...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; and the former verdict cannot be used or referred to, either... | |
 | Kentucky - 1895 - 796 Seiten
...after a verdict has been given. § 270 (»««] Effect of new trial — former verdict not referred to. 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 in evidence... | |
 | Kentucky - 1895 - 800 Seiten
...after a verdict has been given. $ 270 see; Effect of new trial — former verdict not referred to. The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony rnnst be produced anew, and the former verdict can not be used or referred to in... | |
 | California. Commission for Revision and Reform of the Law - 1896 - 336 Seiten
...cases where the judgment is not of death. SECTION 1180. To be amended to read as follows: Sec. 1180. The granting of a new trial places the parties in the same position as if no trial had been had, except where the accused was charged with the commission of more than one offense, and was acquitted... | |
 | 1896 - 928 Seiten
...86; People •- Trezza, 128 NY S3'2. } 464. Effect of granting new trial. — The granting of a new places the parties in the same position as if no trial had been All the testimony must be produced anew ; and the former verdict can not be used or referred to, either... | |
 | 1897 - 546 Seiten
...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 l>een had. All the testimony must be produced anew ; and the former verdict cannot be used or referred... | |
 | New York (State), William Henry Silvernail - 1897 - 1152 Seiten
...(NY Const., art. 1, section 6.) People v. 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... | |
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