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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... "
Iowa Criminal Code and Digest and Criminal Pleading and Practice - Halaman 554
oleh Jacob Conrad Davis - 1879 - 678 halaman
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Reports of Cases at Law and in Equity Argued and Determined in ..., Volume 29

Arkansas. Supreme Court - 1876 - 738 halaman
...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...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 halaman
...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...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, has power...
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The Code of Criminal Procedure of the State of New York

New York (State)., New York (State). Commissioners on Practice and Pleadings - 1850 - 558 halaman
...by the court in which the former trial was had, only in the cases provided in section 524. § 523. The granting of a new trial places the parties in...'verdict cannot be used or referred to, either in evidence or in argument. § 524. The court in which a new trial is had upon an issue of fact, has power...
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The Code of Criminal Procedure of the State of New York

New York (State)., New York (State). Commissioners on Practice and Pleadings - 1850 - 562 halaman
...only in the cases provided in section 524. § 523. The granting of a new trial places the parties i# the same position, as if no trial had been had All...the former verdict cannot be used or referred to, cither in evidence or in argument. § 524. The court in which a new trial is had upon an issue of fact,...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 halaman
...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...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 the issue...
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Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - 1857 - 834 halaman
...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...fine, not exceeding five hundred dollars, or impr evidence or in argument.(l) Л FÎT. 1079, Sec,. 440. The court in which a new trial is had upon an...
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The Statutes of the Territory of Kansas

Kansas - 1858 - 482 halaman
...granting of a new trial places the parties Same, 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. SEC. 8. That the court may grant a new trial for the fol- Courtmay . i Tin ii , Srant new...
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General Laws of the Territory of Kansas

Kansas - 1859 - 726 halaman
...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...
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Provisional Laws and Joint Resolutions Passed at the First and Called ...

Colorado, Jefferson Territory - 1860 - 312 halaman
...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...and the former verdict cannot be used or referred to another in evidence or argument. For what reason a new trial may be granted. SEC. 334. The court may...
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Laws of the Territory of Idaho

Idaho - 1864 - 734 halaman
...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...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 fact has...
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