...the cases provided in section 465. § 464. The granting of a new trial places the parties in Effector the same position as if no trial had been had. All the new trlaltestimony must be produced anew ; and the former verdict cannot be used or referred to, either...

...was had, only in the cases provided in section 465. (§ 463.) 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. (§ 464.) In what cases granted.]...

...learned prosecutor comes within section 35 of the laws of 1884, p. 125, 120, which is as follows : " The granting of a new trial places the parties in the...either in evidence or in argument, or be pleaded in the bar of any conviction •which might have been had under the indictment." We think the remark of...

...proTided in section four hundred and sixty-five. New. § 464. Effect of granting a new trial. — The granting of a new trial places the parties in the...or referred to, either in evidence or in argument. New. § 465. In what cases granted. — The court in which a trial has been had upon an issue of fact...

...parties or not, strike out alL other matters contained therein. J r 11 o oi MI /» • Hill of exceptrial places the parties in the same position as if no trial...either in evidence or in argument, or be pleaded in the bar of any conviction which might have been had under the indictment. in crim- SEC. 3(>. That Section...

...conviction of murder in the first degree upon his new or second trial'.' The statute declares lhat: "The granting of a new trial places the parties in the...if no trial had been had. All the testimony must be pro duced anew, and the former verdict cannot be used or referred to either in evidence or ID argument,...

...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...

...which it shall be granted, and the procedure by which it may be Obtained; and section :if>2 says: "The granting of a new trial places the parties in the same position as if no trial had been had. The former verdict cannot be used or referred to, either in the evidence or the argument." Appellant...

...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 same position as if no trial had been had. AE the testimony must be produced anew ; and the former verdict cannot be used or referred to, either...

...no trial had been had: (-> that all the testimony must be produced anew on the new trial; (3) that the former verdict cannot be used or referred to either in evidence or in argument, or lie pleadetl in bar of any conviction which might have been had under the Indictment. Unless this section...