...verdict has been given, c 'si^fsoio SEC. 4488. T<ie granting of a new trial places the parties in Eflect. the same position as if no trial had been had. All the testimony p' ^i^j'lwi must b • produced anew and the former verdict cannot be used or referred to either in...

...of California provided, as does our section 544 above cited, that the granting of a new trial placed the parties in the same position as if no trial had been had. It was urged in the case cited, that this provision — a new trial being granted — opened the entire...

...judgment. Grim. Pr. Act, § 357. The order granted a new trial, and the effect of this order is to place "the parties in the same position as if no trial had been had." Grim. Pr. Act, 8 353; State v. Thompson, 10 Mont. 5(u, 27 Рас. 349. Therefore, In the case at bar,...

...trial was had, only in the cases provided in section 466. § 464. Effect of granting new trial. — The granting of a new trial places the parties in the...or referred to, either in evidence or in argument. § 465. When granted. — The court in which a trial has been had upon an issue of fact has power to...

...EMBEZZLEMENT AND LARCENY— VERDICT— CONVICTION ON ONB COUNT— EFFECT— AUTREFOIS ACQUIT— NEW TRIAL. trial places the parties in the same position as If no trial had been had, a verdict COQ rioting defendant of inrceny under an indictmeut in two counts, cbarping embezzlement...

...Commonwealth in overruling the demurrer to the plea. Section 270 of the Criminal Code provides that "the granting of a new trial places the parties in the same position as if mi trial had been had. All the testimony must be produced anew, and the former verdict can not be used...

...Criminal Procedure, which provides that, upon the new trial after the reversal of a former conviction, "the former verdict cannot be used or referred to, either in evidence or on argument." But we do not know under what precise circumstances the language was used, nor what prompted...

...one in force at the time of the decision in People v. Gilmore. It can do little more than to place the parties " in the same position as if no trial had been had," as provided in the first act. But it is worthy of notice that a careful examination of the opinion...

...granting of a new trial places the parties in the same position as if no trial had been had," and that " all the testimony must be produced anew, and the former...or referred to either in evidence or in argument." (Laws of Utah of 1878, p. 126, § 317.) The object of this law was to prevent the accused from being...

...section of the act of the territory regulating proceedings in criminal cases, which declares that " the granting of a new trial places the parties in the same position as if no trial had been had." and that '' all the testimony must be produced anew, and the former verdict cannot be used or referred...