 | Arkansas. Supreme Court - Law reports, digests, etc - 1876 - 738 pages
...degree and a bar to a second trial for that grade of offense. There is a code provision as follows : " The granting of a new trial places the parties in...and the former verdict cannot be used or referred to in evidence or argument" Gantt's Dig., sec. 1972. No doubt that the granting of a new trial upon the... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...the court in which the former trial was had, only in the cases provided in section 544. <• § 543. The granting of a new trial places the parties in...the former verdict cannot be used or referred to, either in evidence or in argument. § 544. The court in which a new trial is had upon an issue of fact,... | |
 | California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...court before another jury, after a verdict has been given. It places the parties in the same condition as if no trial had been had. All the testimony must...and the former verdict cannot be used or referred to either in evidence or in argument, when new trial SEC. 440. The court in which a new trial is had upon... | |
 | William H. R. Wood - Law - 1857 - 834 pages
...court before another jury, after a verdict has been given. It places the parties in the same condition ays, committing a willful injury to property ; and...punishable by fine, not exceeding five hundred dollar either in evidence or in argument.(l) Л FÎT. 1079, Sec,. 440. The court in which a new trial is had... | |
 | Kansas - Session laws - 1859 - 726 pages
...Judgment. SEC. 256. A new trial is a re-examination of the issue in the ».» . same court. SEO. 257. The granting of a new trial places the parties in the same. same position as if no trial had been had ; the former verdict cannot be used or referred to either... | |
 | Idaho - Law - 1864 - 734 pages
...court, before another jury, after a verdict has been given. It places the parties in the same condition as if no trial had been had. All the testimony must...and the former verdict cannot be used or referred to either in evidence or in argument. SEC. 427. The court in which a new trial is had upon the issue of... | |
 | Idaho (Ter.) - Law - 1864 - 762 pages
...court, before another jury, after a verdict has been given. It places the parties in the same condition as if no trial had been had. All the testimony must...and the former verdict cannot be used or referred to either iu evidence or in argument. SEC. 427. The court in which a new trial is had upon the issue of... | |
 | California, Theodore Henry Hittell - Law - 1865 - 662 pages
...jury, after a verdict has been given. It places the parties in the same condi- «"саГвтв. tion as if no trial had been had. All the testimony must be produced anew, and the e Col «a former verdict cannot be used or referred to either in evidence or in argument. 2027. SEC.... | |
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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, or be pleaded in bar of... 
