 | New York (State), William Henry Silvernail - 1905 - 1252 strani
...Dig., 384; People «. Trezza, 40 St. Rep., 482; 128 NY, 532. §464. Effect of granting new trial.— and return thereof with the depositions.— The reference to this section in People r. Upton, 38 Hun, 110; 4 NY Cr., 469, should be to section... | |
 | Indiana - 1905 - 1192 strani
...the 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... | |
 | California - 1906 - 996 strani
...(Mm. Prac. Act, sec. 439. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 4, 377; 4, 380; 46, 48. § 1180. Its effect. The granting...indictment. En. February 14, 1872. Am'd. 1873-4, 449. Cal. Eep. Cit. 99, 231; 99, 232; 138, 485; 138, 486. § 1181. In what cases it may be granted. When... | |
 | California. Supreme Court - 1906 - 812 strani
...arc different offenses. (Pen. Code, sees. 217, 245.) Section 1180 of the Penal Code is as follows : "The granting of a new trial places the parties in...conviction which might have been had under the indictment." There can be no doubt that the granting of a new trial, upon the application of the accused, of an... | |
 | Canal Zone, Isthmian Canal Commission (U.S.) - 1906 - 318 strani
...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...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... | |
 | Charles Zebina Lincoln - 1906 - 830 strani
...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... | |
 | 1918 - 1250 strani
...People v. O'Connor (1902), 37 Misc. 754, 755, 70 XY f'upp. 511. § 464. Effect of granting new trial. The granting of a new trial places the parties in...position as if no trial had been had. All the testimony mnst be produced anew; and the former verdict canrot be used or referred to, either in evidence or... | |
 | 1918 - 1214 strani
...order granting a new trial. This view Is clearly erroneous. Under section 429, Code Criminal Procedure, the granting of a new trial places the parties In the same position as if no trial had been had, and requires that the testimony be produced anew. Sections 4.'!3 and 434, Code Criminal Procedure,... | |
 | William Mack, William Benjamin Hale - 1918 - 1426 strani
...variance, which may be obviated by a new information,2 is constitutional, as is a statute providing that the granting of a new trial places the parties in the same position as if no trial had been had,8 but a statute providing that a nolle prosequi cannot be entered after any testimony has been... | |
 | Nevada - 1919 - 674 strani
...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...or referred to either in evidence or in argument, nor be pleaded 430 in bar of any conviction which might have been had under the indictment or information.... | |
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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... 
