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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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Burns' Annotated Indiana Statutes: Showing the General Statutes in ..., Volume 4

Indiana - 1905
...same court. See sections 1909-1911, Burns' RS 1901, and notes. 1922. Effect of granting. — 281. The granting of a new trial places the parties in the same position as if no trial had been had; the former verdict cannot be used or referred to, either, in the evidence or the argument. See note...
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The Penal Code of the State of New York: With All the Amendments to and ...

New York (State), William Henry Silvernail - 1905 - 422 pages
...Const., art. 1, section 6.) People r. Palmer, 15 St. Rep., 78; 109 NY, 416. Same position. — The execution of such threat or attempt, they are guilty of riot Riot though no trial had been had. Id. The fact that a new trial has been ordered does not affect the validity...
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Laws of the Canal Zone, Isthmus of Panama

Canal Zone - 1906 - 310 pages
...trial is a re-examination of the issue in the same court after a verdict has been given. SEC. 217. The granting of a new trial places the parties in the...had. All the testimony must be produced anew, and the foi'mer verdict cannot be used or referred to either in evidence or in argument, or be pleaded in bar...
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The Constitutional History of New York: From the Beginning of the ..., Volume 4

Charles Zebina Lincoln - 1906
...granting of a new trial places the partiet in the same position as if no trial had been had," and that "all the testimony must be produced anew, and the...or referred to, either in evidence or in argument," the court say that "the effect of the defendant's appeal is merely to continue the trial under the...
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The Supreme Court Reporter, Volume 26

1906
...of Criminal Procedure, was under consideration. Those sections enacted as follows : "Sec. 464. The granting of a new trial places the parties in the same position as if no trial had been had. "Sec. 644. When a new trial is ordered it shall proceed in all respects as if no trial had been had."...
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The Constitutional History of New York: The annotated constitution

Charles Zebina Lincoln - 1906
...Discussing this question and construing 464 of the Code of Criminal Procedure, which provides 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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The American State Reports: Containing the Cases of General ..., Volume 135

Abraham Clark Freeman - 1911
...trial is generally sought to be defined by statute. The California provision on the subject that "the granting of a new trial places the parties in the same position as if no trial had been had. All testimony must be produced anew, and the former verdict cannot be used or referred to, either in evidence...
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Penal Law and the Code of Criminal Procedure of the State of New York: With ...

New York (State) - 1913 - 1281 pages
...People v. O'Connor (1902), 87 Misc. 754, 755, 76 NY Supp. 511. 464. Effect of granting new trial. The granting of a new trial places the parties in the...produced anew; and the former verdict cannot be used or referrcl to, either in evidence or in argument. New. People v. Palmer (1888), 109 NY -MS, 5 Crim. Rep....
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Cases Argued and Determined in the Supreme Court of the State of ..., Volume 54

Colorado. Supreme Court - 1913
...most of which are substantially in the words of the Indiana statute, which provides as follows : "The granting of a new trial places the parties in the same position as if no trial had been had; the former verdict cannot be used or referred to, either in the evidence or argument." In V catch v....
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Penal Law and the Code of Criminal Procedure of the State of New York: With ...

1914 - 1189 pages
...Effect of granting new trial. The granting of a new (rial places the parties in the same posi' tion as if no trial had been had. All the testimony must...or referred to, either in evidence or in argument. New. People v. Palmer (1SSS), HI'.I XY 413, 5 Crim. Rep. 10-.I. 43 Him 400; La"renee v. Whitney (1889)....
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