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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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A Treatise on the Law of Homicide in the United States: To which is Appended ...

Francis Wharton - 1875 - 794 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." It was held, that the defendant had waived the constitutional safeguard against being twice put in...
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The American Reports: Containing All Decisions of General ..., Volume 14

Isaac Grant Thompson - 1875
...Rep. 469, and the note thereto. In the latter case it waa held, under a statute providing that " the granting of a new trial places the parties in the same position as if no trial had been State v. Belden. bad," that a defendant who had been convicted of manslaughter on an information charging...
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A Treatise on the Law of Homicide in the United States: To which is Appended ...

Francis Wharton - 1875 - 794 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 aa if no trial had been had." It was held, that the defendant had waived the constitutional safeguard...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 48

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 - 1875
...sections 140 and 141 of the criminal code (2 G. & H. 423), the granting of a new trial in a criminal cause places the parties in the same position as if no trial had ever been had. JJ. PARENT AND CHILD. See CONTRACT, 2. PARTIES. See ASSESSMENT or DAMAGES, 1 ; JURISDICTION,...
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Acts, Resolutions, and Memorials Passed at the ... Annual, and Special ...

Utah - 1878
...-^- new tri a jj sa re-examination of after a verdict has been given. its effect S EC - '^"- — The granting of a new trial places the parties in the...and the former verdict cannot be used or referred to cither in evidence or in argument. New trial. when • j. ji -i .? ijji ji , iSEC. 318. — When a...
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Iowa Criminal Code and Digest and Criminal Pleading and Practice

Jacob Conrad Davis - 1879 - 678 pages
...of the issue in the same court before another jury, after a verdict has been given. SEC. 4488. The granting of a new trial places the parties in the...former verdict cannot be used or referred to either in the evidence or in argument. SEC. 4489. The court may grant a new trial for the following causes, or...
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The Criminal Law of Indiana, with Precedents for Indictments, Informations ...

George Louis Reinhard - 1879 - 555 pages
...— Under sections 140 and 141 of the criminal code, the granting of a new trial in a criminal cause places the parties in the same position as if no trial had ever been had. Ibid. Omission in verdict. — The question as to an omission in a verdict to fix the...
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Criminal Law, Pleading and Practice in the Courts of the State of California ...

California - 1881 - 725 pages
...v. Fia/ier, 51 Cal. 319; People v. Keyser, 53 Id. 183; People v. Hewell, 6 Pac. CLJ 448. 1180. 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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The New York Justice's Manual, Containing All the Laws of the State Relating ...

New York (State) - 1881 - 880 pages
...cases provided in section 465. 464. The granting of a new trial places the parties in El[eclt1f the same position as if no trial had been had. All the new trialtestimony must be produced anew ; and the former verdict cannot be used or referred to, either...
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The Code of Criminal Procedure of the State of New York: Being Chapter 442 ...

New York (State) - 1881 - 255 pages
...provided in section 465. 464. The granting of a new trial places the parties in E e n c t t i f the same position as if no trial had been had. All the new trial testimony must be produced anew; and the former verdict cannot be used or referred to, either...
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