 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
 | 1903 - 1240 pages
...§§ 1909, 1910 (Homer's R«T. St. 1897, 8§ 1840, 1841; Rev. St 1881, || 1840, 1841), providing that a new trial places the parties in the same position as if no trial had been had, a verdict convicting defendant of larceny under an indictment in two i/ouuts, charging embezzlement... | |
 | 1912 - 1282 pages
...2. CRIMINAL LAW (J 193%*)— FORMES JEOPARDY. Code Cr. Proc. S 4G4. provides that the granting of n new trial places the parties in the same position as if no trial had been had; that all the testimony must be produced anew, and the former verdict cannot be referred to either in... | |
 | 1936 - 1068 pages
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 | 1959 - 994 pages
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 | North Dakota - 1944 - 772 pages
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 | California - 1931 - 378 pages
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 | 1927 - 256 pages
...be tried for assault in the first degree by virtue of a statutory provision to the effect that "the granting of a new trial places the parties in the same position as if no trial had been had." The court said: "These provisions of the statute are clear and explicit, in nowise contravene the letter... | |
 | Idaho - 1948 - 1068 pages
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