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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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The Penal Code of the State of California: Adopted February 14, 1872, with ...

California - 1915 - 1140 pages
...of first sentence of Grim. Prac. Act, Stats. 1851, p. 260, 439. 1180. Effect of granting. The granting of a new trial places the parties in .the...position as if no trial had been had. All the testimony mus^ be produced anew, and the former verdict cannot be used or referred to. either in evidence or...
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The South Western Reporter, Volume 173

1915
...TRIAL— PROCEEDINGS AT NEW TRIAL— ELECTION. Under Cr. Code I'rac. 270, providing that the crnnting of a new trial places the parties in the same position as if no trial had been had, where, on the first trial of an indictment for carnally knowing a female under JO, the court, upon...
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Ruling Case Law: As Developed and Established by the Decisions and ..., Volume 8

William Mark McKinney, Burdett Alberto Rich - 1915
...473; 4 AS 162 granted at the instance of the defendant. The usual form of these statutes is that the granting of a new trial places the parties in the same position as though no trial had been had.18 Such statutes are, in substance, merely legislative declarations or...
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New York Leading Cases Annotated (cited L.C.A.): Selected Ruling Cases from ...

Hiram Morris Rogers - 1915
...Criminal Procedure, which provides that upon the new trial, after a reversal of a former conviction, "the former verdict cannot be used or referred to either in evidence or on argument." The court however held that it did not justify a new trial. To quote: "If the intemperate...
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Reports of Cases at Law and in Equity Determined by the Supreme ..., Volume 173

Iowa. Supreme Court - 1916
...returned by a jury of his peers. . This was in plain violation of Section 5423 of the Code, directing that "new trial places the parties in the same position...former verdict cannot be used or referred to, either in the evidence or in argument". The defendant was accused in the indictment of murder in the first degree...
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The Kentucky Judicial Dictionary: Being a Compilation of All Words ..., Volume 2

Fred P. Caldwell - 1916
...convicted of crime may have a new trial; therefore Sec. 270, Criminal Code, which provides that "the granting of a new trial places the parties in the same position as if no trial had been had," is not unconstitutional. Com. v. Arnold, 83 Ky. 1, 6 R. 181. Before a new trial can be granted, not...
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Penal Law and the Code of Criminal Procedure of the State of New York: With ...

New York (State) - 1916 - 1281 pages
...People v. O'Connor (1902), 37 Misc. 754, 755, 70 XY Supp. 511. 464. Effect of granting new trial. The granting of a new trial places the parties in the same position as if no trial had Iwn hnd. All the testimony must be produced anew; and the former verdict canrot be ujed or referred...
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Reports of Cases at Law and in Equity Determined by the Supreme ..., Volume 177

Iowa. Supreme Court - 1917
...a former conviction as a bar to a new indictment ; and that, under the provision of Code 5423, the granting of a new trial places the parties in the same position as if no trial had been had, and all the testimony must be produced anew ; and that the former verdict may not be used or referred...
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Penal Law and the Code of Criminal Procedure of the State of New York

1918 - 741 pages
...v. O'Connor (1902), 37 Misc. 754, 755, 70 XY f'upp. 511. 464. Effect of granting new trial. The granting of a new trial places the parties in the...position as if no trial had been had. All the testimony mnst be produced anew; and the former verdict canrot be used or referred to, either in evidence or...
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The Northwestern Reporter, Volume 166

1918
...granting a new trial. This view Is clearly erroneous. Under section 429, Code Criminal Procedure, the granting of a new trial places the parties In the same position as if no trial had been had, and requires that the testimony be produced anew. Sections 4.'!3 and 434, Code Criminal Procedure,...
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