...commonwealth in overruling the demurrer to the plea. 114 Section 270 of the Criminal Code provides that " the granting of a new trial places the parties in the...position as if no trial had been had. All the testimony mast be produced anew, and the former verdict cannot be used or referred to in evidence or in argument."...

...obtains the reversal on appeal of a judgment against him, the court may order a new trial, and that " the granting of a new trial places the parties in the same position as if no trial had been had. " Upon such new trial the defendant may be tried and convicted of any offense embraced within the indictment,...

...Key. Stat. 663. Tex., Code. Crim. Pro., art. 876. ing proceedings in criminal cases, 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...

...cases provided in section four hundred and sixty-five. § 464. Effect of granting a new trial.— The granting of a new trial places the parties in the same position as if no trial had beeu had. All the testimony must be produced anew ; and the former verdict cannot be used or referred...

...109 NY 413, it was held that the provisions of the NY Code of Crim. Proc., $$ 464, 543, that " The granting of a new trial places the parties in the same position as if no trial had been had," authorized a trial for an assault in the first degree, where the conviction on the first trial was...

...consent of the prisoner and jeopardy incurred without that consent." A statute which provides that " the granting of a new trial places the parties in the same position as if no trial had been had," is not unconstitutional. Com. v. Arnold, 83 Ky. 1 ; 4 Am. St. Rep. 114. In that case it was held that...

...NC 1S7; 16 W. Dig. 86; People •. Trezza, liS NY 632. § 464. Effect of granting new trial. — The granting of a new trial places the parties in the...testimony must be produced anew ; and the former verdict can not be used or referred to, either in evidence or in argument. People ». Palmer, 43 Hun, 409;...

...consent of the prisoner and jeopardy incurred without that consent." A statute which provides that " the granting of a new trial places the parties in the same position as if no trial had been had," is not unconstitutional. Com. v. Arnold, 83 Ky. 1; 4 Am. St. Rep. 114. In that case it was held that...

...re-examination of the issue, in the same court, before another jury, after a verdict has been given. The granting of a new trial places the parties in the...or referred to, either in evidence or in argument. § 172. In what Gases Granted.— The court in which a trial has been had upon an issue of fact has...

...A new trial is a re-examination of the issues in the same court. 1910. (1841. ) Effect.— 266. 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. This section...