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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 § 465. "
The Code of Criminal Procedure and Penal Code of the State of New York, as ... - Page 139
by New York (State) - 1889 - 790 pages
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Reports of Cases at Law and in Equity Argued and Determined in ..., Volume 29

Arkansas. Supreme Court - Law reports, digests, etc - 1876 - 738 pages
...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 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 - Civil procedure - 1848 - 904 pages
...§ 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...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 to grant a new trial,...
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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 - Criminal procedure - 1850 - 558 pages
...§ 523. 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...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 to grant a new trial,...
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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 - Criminal procedure - 1850 - 562 pages
...§ 523. The granting of a new trial places the parties i# 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, 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 - Law - 1853 - 1108 pages
...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 be produced anew, and...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 of tad- facts, has power...
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Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - Law - 1857 - 834 pages
...after a verdict has been given. It places the parties in the same condition as if no trial had been l injury to property ; and all misdemeanors, punishable...exceeding five hundred dollars, or imprisonment not ex argument.(l) Л FÎT. 1079, Sec,. 440. The court in which a new trial is had upon an issue of fact...
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Provisional Laws and Joint Resolutions Passed at the First and Called ...

Colorado, Jefferson Territory - Civil law - 1860 - 312 pages
...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 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 - Law - 1864 - 734 pages
...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 be produced anew, and...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 power to grant a new trial,...
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Laws of the Territory of Idaho

Idaho (Ter.) - Law - 1864 - 762 pages
...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 be produced anew, and...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...
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Albany Law Journal, Volume 32

Law - 1886 - 546 pages
...jury after verdict has been given. It places the parties in the same position as if no trial had been had. All the testimony must be produced anew, and...or referred to, either in evidence or in argument." This section was not deemed sufficient to justify the court in putting the prisoner upon his trial...
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