 | Isaac Grant Thompson - 1874 - 820 halaman
...reasonable doubt, that the act was criminal. State v. Pattenon (Vt.), 200. 3. A statute provided that " the granting of a new trial places the parties in the same position as if no trial had been had." Defendant was convicted of manslaughter, on an information charging murder; and a new trial was granted... | |
 | Francis Wharton - 1875 - 854 halaman
...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." It was held, that the defendant had waived the constitutional safeguard against being twice put in... | |
 | Isaac Grant Thompson - 1875 - 866 halaman
...Am. Rep. 469, and the note thereto. In the latter case it waa held, under a statute providing that " the granting of a new trial places the parties in the same position as if no trial had been State v. Belden. bad," that a defendant who had been convicted of manslaughter on an information charging... | |
 | California, Theodore Henry Hittell - 1876 - 986 halaman
...before another jury, after a verdict has been given. 14.180. Effect of granting new trial. SEC. 1180. lict punishment upon offenders; nor any power conferred by law upon any public body, tribunal, or [Amendment, approved March 30, 1874; Amendments 1873-4, 449; took effect July 1, 1874.(b) 14.181. In... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1890 - 658 halaman
...the learned prosecutor comes within par. 35, of the Laws of 1884, p. 125-126, which is as follows: "The granting of a new trial places the parties in...conviction which might have been had under the indictment" We think the remark of counsel and the ruling of the court upon it is clearly governed by the case... | |
 | Utah - 1878 - 238 halaman
...C- -^- new tri a jj sa re-examination of after a verdict has been given. its effect S EC - '^"- — The granting of a new trial places the parties in...and the former verdict cannot be used or referred to cither in evidence or in argument. New trial. when • j. ji -i .? ijji ji , iSEC. 318. — When a... | |
 | Jacob Conrad Davis - 1879 - 698 halaman
...re-examination of the issue in the same court before another jury, after a verdict has been given. SEC. 4488. The granting of a new trial places the parties in...former verdict cannot be used or referred to either in the evidence or in argument. SEC. 4489. The court may grant a new trial for the following causes, or... | |
 | George Louis Reinhard - 1879 - 588 halaman
...new trial is a re-examination of the issue in the same court. 2 RS 408. Effect of granting. SEC. 141. The granting of a new trial places the parties in the same position as if no trial had been had ; the former verdict can not be used or referred to, either in the evidence or argument. Ibid. Cause... | |
 | California - 1881 - 946 halaman
...bill of exceptions, and can be reviewed by the Supreme Court in no other way— 41 Cal. 651. 1180. The granting of a new trial places the parties in...conviction which might have been had under the indictment. [Approved March 30th, in effect July 1st, 1874.] 1. When the trial has been had in his absence, if... | |
 | California - 1881 - 806 halaman
...People v. Fia/ier, 51 Cal. 319; People v. Keyser, 53 Id. 183; People v. Hewell, 6 Pac. CLJ 448. 1180. The granting of a new trial places the parties in...testimony must be produced anew, and the former verdict can not be used or referred to either in evidence or in argument, or be pleaded in bar of any conviction... | |
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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... 
