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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. "
Acts of the Legislature of Puerto Rico - Page 143
by Puerto Rico - 1901
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Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

Montana - 1866
...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 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. '236....
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Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - 1866
...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 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. causes, or any...
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Albany Law Journal, Volume 36

1888
...shown. Section 4488 of the Code has reference to new trials in criminal cağes, and is as follows: "The granting of a new trial places the parties in the...cannot be used or referred to either in evidence or argument." The reference by the district attorney to the former verdiets was in violation of the last...
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Albany Law Journal, Volume 11

1875
...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,...
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Albany Law Journal, Volume 10

1874
...be the law irrespective of statutes, it rested its decision mainly on a statute providing that " the granting of a new trial places the parties in the same position as if no trial had been tad; the former verdict cannot be used or referred to either in evidence or argument." The constitution...
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Albany Law Journal, Volume 32

1886
...one in force at the time of the decision in People v. Qttmore. It can do little more than to place the parties in the same position "as if no trial had been had," as provided in the first act. But it is worthy of notice that a careful examination of the opinion...
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The Penal Code of California

California - 1872 - 628 pages
...the issue 111 the same Court, before another jury, after a verdict has been given. _•" 1180. The granting of a new trial places the parties in the same position as if no trial hail been had. All the testimony must be produced anew, and the former verdict cannot be used or referred...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 45

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1874
...has been made to appear to the court that the conviction was wrongful. The statute provides that the granting of a new trial places the parties in the same position as if no trial had been had. 2 G. & H. 423, sec. 141. We are referred by counsel for appellant to Griffis v. Scllars, 2 Dev. & Bat....
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The American Reports: Containing All Decisions of General ..., Volume 12

Isaac Grant Thompson - 1874
...reasonable doubt, that the act was criminal. State v. Pattenon (Vt.), 200. 3. A statute provided that " the granting of a new trial places the parties in the same position as if no trial had been had." Defendant was convicted of manslaughter, on an information charging murder; and a new trial was granted...
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The Penal Code of the State of California

California - 1874 - 628 pages
...jury, after a verdict has been given. 1180. (§439.) The granting of a new trial places its effect, the parties in the same position as if no trial had been J had. All the testimony must be produced anew, and the former verdict cannot be used or referred to...
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