 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 143by Puerto Rico - 1901Full view - About this book
 | Montana - 1866 - 802 pages
...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.... | |
 | Montana (Ter.) - 1866 - 792 pages
...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... | |
 | 1888 - 564 pages
...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...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... | |
 | 1875 - 438 pages
...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,... | |
 | 1874 - 436 pages
...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... | |
 | 1886 - 546 pages
...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... | |
 | California - 1872 - 698 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... | |
 | 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 - 678 pages
...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.... | |
 | Isaac Grant Thompson - 1874 - 820 pages
...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... | |
 | California - 1874 - 712 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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