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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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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 120

United States. Supreme Court - 1887
...section of the act of the territory regulating proceedings in criminal cases, which declares that "the granting of a new trial places the .parties in the same position as if no trial had been had,'' and that " ah1 the testimony must be produced anew, and the former verdict cannot be used or referred...
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The South Western Reporter, Volume 128

1910
...192*)— FOBMEB JEOPARDY — REVERSAL AND DISMISSAL. Under Cr. Code Prac. 270, providing that the granting of a new trial places the parties in the same position as if no trial had been had, where a conviction of challenging to fight a duel was reversed and the prosecution dismissed without...
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Albany Law Journal, Volume 35

1887
...granting of a new trial places the parties in the same position as if no trial had been had," and that "all the testimony must be produced anew, and the...former verdict cannot be used or referred to either iii evidence or in argument." Laws Utah 1878, p. 126, 317. The object of this law was to prevent...
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The Southwestern Reporter, Volume 173

1915
...NEW TKIAI/— PROCEEDINGS AT NEW TRIAL — ELECTION. Under Cr. Code Prac. 270, providing that the granting of a new trial places the parties in the same position as if no trial luid been had, where, on the first trial of an indictment for carnally knowing a female under 16, the...
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The Southern Reporter, Volume 9

1891
...again tried for murder; but the decision is expressly put upon the following statutory provision: "The granting of a new trial places the parties in the same position ns If no trial had been had; the former verdict cannot be used or referred to, either in evidence or...
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The Revised Statutues of the State of Indiana: Constitutions. Codes. Wills

Indiana - 1888
...Definition. 265. A new trial is a re-examination of the issues in the same Court. 1841. Effect. 266. The l. 390. When the special rinding ; the former verdict can not be used or referred to, either in the evidence or argument. 1842. Causes...
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The Northwestern Reporter, Volume 37

1888
...Code Iowa, 8 4488, relating to new trials, which provides that "the granting of a new trial places tho parties in the same position as if no trial had been had. * * * " the state, having, durin? the trial of a person charged with the crime of •elling intoxicating...
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The American State Reports: Containing the Cases of General Value ..., Volume 4

Abraham Clark Freeman - 1889
...commonwealth in overruling the demurrer to the plea. 114 Section 270 of the Criminal Code provides that " the granting of a new trial places the parties in the...position as if no trial had been had. All the testimony mast be produced anew, and the former verdict cannot be used or referred to in evidence or in argument."...
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The American State Reports: Containing the Cases of General Value ..., Volume 4

Abraham Clark Freeman - 1889
...obtains the reversal on appeal of a judgment against him, the court may order a new trial, and that " the granting of a new trial places the parties in the same position as if no trial had been had. " Upon such new trial the defendant may be tried and convicted of any offense embraced within the indictment,...
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A Treatise on the Law of Trials in Actions Civil and Criminal, Volume 1

Seymour Dwight Thompson - 1889 - 2376 pages
...Key. Stat. 663. Tex., Code. Crim. Pro., art. 876. ing proceedings in criminal cases, declares that the granting of a new trial places the parties in the same position as if no trial had been had," and that " all the testimony must be produced anew, and the former verdict cannot be used or referred...
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