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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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Revised Penal Code and Code of Criminal Procedure, and Penal Laws: Passed by ...

Texas - 1901
...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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Penal Code of State of Idaho, 1901

Idaho - 1901 - 597 pages
...Supreme Court In no other way. — People v. Ah Sam, 41 Cal 645. Section 5591. Effect of New Trial: The granting of a new trial places the parties in the same position as if no trial had Ch. CCXXXI GROUNDS FOR NEW TRIAL 339 been had. All the testimony must be produced anew, and the former...
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Ogden's Revised California Real Property Law, Volume 2

Melvin Bolli Ogden - 1902 - 1810 pages
...grant a new trial.43 The motion may be heard by a successor of the judge who tried the case.44 The granting of a new trial places the parties in the...pleaded in bar of any conviction which might have been under the indictment.45 MOTION IX ARREST OF JUDGMENT. The motion can be founded only on detects appearing...
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The Code of Criminal Procedure of the State of New York: Including the ...

1902 - 238 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...or referred to, either in evidence or in argument. 465. In what cases granted. The court in which a trial has been had upon au issue of fact has power...
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A Brief for the Trial of Criminal Cases

Austin Abbott - 1902 - 814 pages
...Cal. 370, 60 Am. Dec. 620, which held that, notwithstanding Cal. Crim. Code, 439, provides that the granting of a new trial places the parties in the same position as if no trial had been had, the defendant might, upon new trial after a reversal of conviction of manslaughter upon an indictment...
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The Code of Criminal Procedure and Penal Code of the State of New York, as ...

New York (State) - 1903 - 1078 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, 88 Ky. 1 ; 4 Am. St. Rep. 114. In that case it was held that...
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Reports of Cases Heard and Determined in the Appellate Division ..., Volume 79

New York (State). Supreme Court. Appellate Division - 1903
...verdict is contrary to law or clearly against evidence " (Subd. 6). Section 464 provides that the " granting of a new trial places the parties in the same position as if no trial had been had," and section 544 that, " when a new trial is ordered it shall proceed in all respects as if no trial...
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The New York Supplement

1903
...is contrary to law or clearly against the evidence" (subdivision 6). Section 464 provides that the "granting of a new trial places the parties in the same position as if no trial had been had"; and section 544, "when a new trial is ordered, it shall proceed in all respects as if no trial had...
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Lawyers' Reports Annotated, Book 61

1903
...been convicted under that indictment or information." And 1180 of the Penal Code provides: . "The granting of a new trial places the parties in the same position as if ло trial liad been had. All the testimony must be produced anew, and the former verdict cannot be...
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The Code of Criminal Procedure and Penal Code of the State of New York: As ...

New York (State) - 1904 - 1076 pages
...NY 532. This section is qualified by section 466, post. 464 Effect of granting a new trial. The granting of a new trial places the parties in the...or referred to, either in evidence or in argument. See People v. Benham, 160 XY 406; People v. Palmer, 109 id. 413, 4 Am. St. Rep. 477, 5 XY Cri 109,...
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