 | 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 - 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... | |
 | Idaho (Ter.) - Law - 1864 - 762 pages
...a verdict has been given. It places the parties in the same condition 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 iu evidence or in argument. SEC. 427. The court in which a new trial is had upon the issue of fact... | |
 | 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 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. causes, or any... | |
 | 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 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. '236.... | |
 | Law - 1875 - 438 pages
...convicted 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,... | |
| |
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... 
