 | Arkansas. Supreme Court - 1876 - 738 pages
...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...and the former verdict cannot be used or referred to in evidence or argument" Gantt's Dig., sec. 1972. No doubt that the granting of a new trial upon the... | |
 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 pages
...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 former verdict cannot be used or referred to, either in evidence or in argument. § 544. The court in which a new trial is had upon an issue of fact,... | |
 | New York (State)., New York (State). Commissioners on Practice and Pleadings - 1850 - 558 pages
...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 former 'verdict cannot be used or referred to, either in evidence or in argument. § 524. The court in which a new trial is had upon an issue of fact,... | |
 | New York (State)., New York (State). Commissioners on Practice and Pleadings - 1850 - 562 pages
...only in the cases provided in section 524. § 523. The granting of a new trial places the parties i# the same position, as if no trial had been had All...or referred to, cither in evidence or in argument. § 524. The court in which a new trial is had upon an issue of fact, has power to grant a new trial,... | |
 | California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 pages
...court before another jury, after a verdict has been given. It places the parties in the same condition as if no trial had been had. All the testimony must...and the former verdict cannot be used or referred to either in evidence or in argument, when new trial SEC. 440. The court in which a new trial is had upon... | |
 | William H. R. Wood - 1857 - 834 pages
...court before another jury, after a verdict has been given. It places the parties in the same condition ays, committing a willful injury to property ; and...punishable by fine, not exceeding five hundred dollar either in evidence or in argument.(l) Л FÎT. 1079, Sec,. 440. The court in which a new trial is had... | |
 | Kansas - 1859 - 728 pages
...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 pages
...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...and the former verdict cannot be used or referred to another in evidence or argument. For what reason a new trial may be granted. SEC. 334. The court may... | |
 | Idaho - 1864 - 734 pages
...court, before another jury, after a verdict has been given. It places the parties in the same condition as if no trial had been had. All the testimony must...and the former verdict cannot be used or referred to either in evidence or in argument. SEC. 427. The court in which a new trial is had upon the issue of... | |
 | Idaho (Ter.) - 1864 - 762 pages
...court, before another jury, after a verdict has been given. It places the parties in the same condition as if no trial had been had. All the testimony must...and the former verdict cannot be used or referred to either iu evidence or in argument. SEC. 427. The court in which a new trial is had upon the issue of... | |
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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... 
