 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 143by Puerto Rico - 1901Full view - About this book
 | 1896 - 928 pages
...86; People •- Trezza, 128 NY S3'2. } 464. Effect of granting new trial. — The granting of a new places the parties in the same position as if no trial had been All the testimony must be produced anew ; and the former verdict can not be used or referred to, either... | |
 | 1897 - 546 pages
...trial was had, only in the cases provided in section 465. § 464. Effect of granting new trial. The granting of a new trial places the parties in the same position as if no trial had l>een had. All the testimony must be produced anew ; and the former verdict cannot be used or referred... | |
 | New York (State), William Henry Silvernail - 1897 - 1152 pages
...Const., art. 1, section 6.) People v. Palmer. 15 St. Rep., 78; 109 NY, 416. Same position. — The granting of a new trial places the parties in the same position as though no trial had been had. Id. • The fact that a new trial has been ordered does not affect the... | |
 | 1897 - 1212 pages
...had under the indictment" 2 Сотр. Laws, Utah, 1888, § 5093. This section declares: (1) That the granting of a new trial places the parties In the same position ae if no trial bad been had; (2) that all the testimony must be produced anew on the new trial; (3)... | |
 | Abraham Clark Freeman - 1898 - 1050 pages
...been had under the indictment": 2 Utah Comp. Laws, 1888, sec. 5093. This section declares: 1. That the granting of a new trial places the parties in the same position ns if no trial had been had; 2. That all the testimony must be produced anew on the new trial; 3. That... | |
 | 1899 - 1226 pages
...first count; and especially is this so in this Jurisdiction. Section 2299, Mansf. Dig., provides: "The granting of a new trial places the parties in the same position as if no trial had been had. All of the testimony must be produced anew and the former verdict cannot be used or referred to in evidence... | |
 | 1899 - 1218 pages
...or referred to in evidence or in argument." While this section does not have the effect of placing the parties in the same position as If no trial had been had as to 'counts of an Indictment which charge separate and distinct offenses, npon some of which there... | |
 | William Henry Silvernail - 1900 - 1204 pages
...40 St. Rep., 482; 128 NY, 532.' §464. Effect of granting new trial.— The granting of a new rial 8$ >een had. All the testimony must be produced anew ; and the ormer verdict cannot be used or referred... | |
 | New York (State) - 1901 - 1238 pages
...Rep. 109; People Y. Draper, 28 Hun, 3. § 464. Effect of granting a new trial. — The granting ot a new trial places the parties in the same position...the former verdict cannot be used or referred to, eicher in evidence or in argument. See People v. Palmer, 109 NY 413; 4 Am. St. Rep. 477; 5 NY Cr. Rep.... | |
 | Indiana - 1901 - 1792 pages
...Definition. 265. A new trial is a. re-examination of the issues in the same Court. 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 I. This section... | |
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