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... The Northeastern Reporter - Page 1881903Full view - About this book
| 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 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 in evidence... | |
| 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 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... | |
| Kansas - Law - 1858 - 482 pages
...issue, in the New trial, same court. SEC. 2. That the granting of a new trial places the parties Same, in the same position as if no trial had been had ;...or referred to either in the evidence or argument. SEC. 8. That the court may grant a new trial for the fol- Courtmay . i Tin ii , Srant new *r'*J lowing... | |
| 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... | |
| Colorado, Jefferson Territory - Civil law - 1860 - 312 pages
...court, before another jury after a verdict has been given. Effect of granting a new trial. SEC. 333. 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 another... | |
| Montana (Ter.) - Law - 1866 - 792 pages
...OF JUDGMENT. SEC. 234. A new trial, is a re-examination of the issue, in the same court. SEC. 235. The granting of a new trial, places the parties in...or referred to, either in the evidence or argument. causes, or any of them : First, When the jury has received any evidence, papers or documents not authorized... | |
| Montana - Session laws - 1866 - 802 pages
...OF JUDGMENT. SEC. 234. A new trial, is a re-examination of the issue, in the same court. SEC. 235. The granting of a new trial, places the parties in...or referred to, either in the evidence or argument. . SEC. '236. The court may grant a new trial, for the following causes, or any of them : Firat, When... | |
| Law - 1888 - 564 pages
...shown. Section 4488 of the Code has reference to new trials in criminal ca»es, and is as follows: "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... | |
| Law - 1875 - 438 pages
...of manslaughter on an information for murder, and obtained a new trial ; the statute provided that "the granting of a new trial places the parties in the same position as if no trial had been had ; " hM, that the defendant had waived the constitutional safeguard against being twice put in jeopardy,... | |
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