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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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Corpus Juris: Being a Complete and Systematic Statement of the ..., Volume 16

William Mack, William Benjamin Hale, Donald J. Kiser - 1918
...which may be obviated by a new information,2 is constitutional, as is a statute providing that the granting of a new trial places the parties in the same position as if no trial had been had,8 but a statute providing that a nolle prosequi cannot be entered after any testimony has been...
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Statutes of the State of Nevada Passed at the ... Session of the Legislature

Nevada - 1919
...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...or referred to either in evidence or in argument, nor be pleaded 430 in bar of any conviction which might have been had under the indictment or information....
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Cases on Criminal Procedure: Selected from the Decisions of the ..., Volume 3

1921
...therefore "can be made only by the defendant, and must be made before judgment" (5425, CC 9511). ' ' The granting of a new trial places the parties in the...testimony must be produced anew and the former verdict can not be used or referred to either in the evidence or in argument" (5423, CC 9513). It may be granted...
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The Codes of California: pt. 1-2. Penal code

California - 1921
...Ga. 329. 45 8. K. 365; Long v. State, 118 Ga. 319. 45 SE 416, 417. 1180. EFFECT OF GRANTING. The granting of a new trial places the parties in the...testimony must be produced anew, and the former verdict can not be used or referred to, either in evidence or in argument, or be pleaded in bar of any conviction...
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Oklahoma Criminal Code: With Annotations to Oklahoma Criminal Reports

Oklahoma - 1921 - 653 pages
...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...been had. All the testimony must be produced anew except of witnesses who are absent from the State or dead, in which event the evidence of such witnesses...
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The Oklahoma Digest Annotated: A Complete Digest of All Oklahoma ..., Volume 2

Daniel Woolsey Crockett - 1922
...Under Stat. 1893, art. 14, eh. 68, i 1 (Wilson's Rev. & Ann. Stat. 1903, g 5556), declaring that the granting of a new trial places the parties in the same position as if no trial had been had, a defendant who has been convicted of manslaughter under an indictment charging murder may, on being...
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Cases on Criminal Procedure

Rollin Morris Perkins - 1923 - 252 pages
...therefore "can be made only by the defendant, and must be made before judgment" (5425, CC 9511). ' ' The granting of a new trial places the parties in the...testimony must be produced anew and the former verdict can not be used or referred to either in the evidence or in argument" (5423, CC 9513). It may be granted...
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Lawyers Statute Penal Code: Penal Code of California ... Compiled from the ...

California - 1923 - 404 pages
...re-examination of the issue in the same court, before another jury, after a verdict has been given. to, either in evidence or in argument, or be pleaded in bar of any conviction which might have beenhad under the indictment. 1874 — 449. 1181. When a verdict has been rendered against the defendant,...
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The Central Law Journal, Volume 19

1884
...Commonwealth in overruling the demurrer to the plea. Sec. 270 of the Criminal Code provides that "the granting of a new trial places the parties In the...testimony must be produced anew, and the former verdict can not be used or referred to In evidence or in argument." Some of the elementary authorities sustained...
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The Central Law Journal, Volume 45

1897
...respect to any previous trial, no cause for reversal is shown, though by statute it is provided that "the granting of a new trial places the parties in the same position as if no trial had been had" and that uall testimony must be produced anew, and the former verdict cannot be used or referred *...
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