...40 St. Rep., 482; 128 NY, 532.' §464. Effect of granting new trial.— The granting of a new rial 8$ >een had. All the testimony must be produced anew ; and the ormer verdict cannot be used or referred...

...Rep. 109; People Y. Draper, 28 Hun, 3. § 464. Effect of granting a new trial. — The granting ot a new trial places the parties in the same position...the former verdict cannot be used or referred to, eicher in evidence or in argument. See People v. Palmer, 109 NY 413; 4 Am. St. Rep. 477; 5 NY Cr. Rep....

...Definition. 265. A new trial is a. re-examination of the issues in the same Court. 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 I. This section...

...Definition. 265. A new trial is a re-examination of the issues in the same Court. 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. I. This section...

...Supreme Court In no other way. — People v. Ah Sam, 41 Cal 645. Section 5591. Effect of New Trial: The granting of a new trial places the parties in the same position as if no trial had Ch. CCXXXI GROUNDS FOR NEW TRIAL 339 been had. All the testimony must be produced anew, and the former...

...grant a new trial.43 The motion may be heard by a successor of the judge who tried the case.44 The granting of a new trial places the parties in the...pleaded in bar of any conviction which might have been under the indictment.45 MOTION IX ARREST OF JUDGMENT. The motion can be founded only on detects appearing...

...trial was had, only in the cases provided in section 465. § 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. In what cases granted. The court in which a trial has been had upon au issue of fact has power...

...Cal. 370, 60 Am. Dec. 620, which held that, notwithstanding Cal. Crim. Code, § 439, provides that the granting of a new trial places the parties in the same position as if no trial had been had, the defendant might, upon new trial after a reversal of conviction of manslaughter upon an indictment...

...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, 88 Ky. 1 ; 4 Am. St. Rep. 114. In that case it was held that...

...verdict is contrary to law or clearly against evidence " (Subd. 6). Section 464 provides that the " granting of a new trial places the parties in the same position as if no trial had been had," and section 544 that, " when a new trial is ordered it shall proceed in all respects as if no trial...