EFFECT OF NEW TRIAL.

19-2405. Effect of new trial. 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 can not be used or referred to either in evidence or in argument. History: [(19-2405) Cr. Prac. 1864, sec. 426, p. 264; R.S., R.C., & C.L., sec. 7951; C.S., 9016; I.C.A., sec. 19-2306.]