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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... "
Provisional Laws and Joint Resolutions Passed at the First and Called ... - Página 51
por Colorado, Jefferson Territory - 1860 - 303 páginas
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Reports of Cases at Law and in Equity Argued and Determined in ..., Volume 29

Arkansas. Supreme Court - 1876 - 738 páginas
...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 páginas
...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 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,...
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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 páginas
...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...the former '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,...
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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 páginas
...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 páginas
...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...and the 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...
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Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - 1857 - 834 páginas
...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...punishable by fine, not exceeding five hundred dollar either in evidence or in argument.(l) Л FÎT. 1079, Sec,. 440. The court in which a new trial is had...
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General Laws of the Territory of Kansas

Kansas - 1859 - 726 páginas
...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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Laws of the Territory of Idaho

Idaho - 1864 - 734 páginas
...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...and the 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...
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Laws of the Territory of Idaho

Idaho (Ter.) - 1864 - 762 páginas
...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...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...
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The General Laws of the State of California, from 1850 to 1864, Inclusive ...

California, Theodore Henry Hittell - 1865 - 662 páginas
...jury, after a verdict has been given. It places the parties in the same condi- «"саГвтв. tion as if no trial had been had. All the testimony must be produced anew, and the e Col «a former verdict cannot be used or referred to either in evidence or in argument. 2027. SEC....
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