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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 Code of Criminal Procedure and Penal Code of the State of New York, as ...

New York (State) - 1889 - 790 pages
...cases provided in section four hundred and sixty-five. 464. Effect of granting a new trial.— The granting of a new trial places the parties in the same position as if no trial had beeu had. All the testimony must be produced anew ; and the former verdict cannot be used or referred...
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The American and English Encyclopedia of Law, Volume 16

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - 1891
...109 NY 413, it was held that the provisions of the NY Code of Crim. Proc., $$ 464, 543, that " The granting of a new trial places the parties in the same position as if no trial had been had," authorized a trial for an assault in the first degree, where the conviction on the first trial was...
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The Code of Criminal Procedure [and Penal Code] of the State of New York, as ...

New York (State) - 1891 - 1069 pages
...consent of the prisoner and jeopardy incurred without that consent." A statute 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 ; 4 Am. St. Rep. 114. In that case it was held that...
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The Code of Criminal Procedure of the State of New York as Amended ...

New York (State) - 1892 - 551 pages
...NC 1S7; 16 W. Dig. 86; People •. Trezza, liS NY 632. 464. Effect of granting new trial. — 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. People . Palmer, 43 Hun, 409;...
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The Code of Criminal Procedure and Penal Code of the State of New York: As ...

1893 - 598 pages
...consent of the prisoner and jeopardy incurred without that consent." A statute 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; 4 Am. St. Rep. 114. In that case it was held that...
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The General Principles of the Law of Evidence: In Their Application to the ...

Frank Sumner Rice - 1894 - 979 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...or referred to, either in evidence or in argument. 172. In what Gases Granted.— The court in which a trial has been had upon an issue of fact has...
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Annotated Statutes of the State of Indiana: Showing the General Statutes in ...

Indiana, Harrison Burns - 1894
...A new trial is a re-examination of the issues in the same court. 1910. (1841. ) Effect.— 266. The granting of a new trial places the parties in the same position as if no trial had been had; the former verdict can not be used or referred to, either in the evidence or argument. This section...
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Civil and Criminal Codes of Practice of Kentucky: With Notes of Decisions of ...

Kentucky - 1895 - 782 pages
...verdict has been given. 270 (] Effect of new trial — former verdict not referred to. 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. whole jury Is present assenting to the ment...
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Civil and Criminal Codes of Practice of Kentucky: With Notes of Decisions of ...

Kentucky - 1895 - 782 pages
...after a verdict has been given. $ 270 see; Effect of new trial — former verdict not referred to. The granting of a new trial places the parties in the...position as if no trial had been had. All the testimony rnnst be produced anew, and the former verdict can not be used or referred to in evidence or in argument....
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Report of the Commissioners for the Revision and Reform of the Law, December ...

California. Commission for Revision and Reform of the Law - 1896 - 304 pages
...where the judgment is not of death. SECTION 1180. To be amended to read as follows: Sec. 1180. The granting of a new trial places the parties in the same position as if no trial had been had, except where the accused was charged with the commission of more than one offense, and was acquitted...
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