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 or finding cannot be used or referred to, either in evidence or in argument, or be pleaded in bar of any conviction which might have been had under the accusatory pleading.
Cal. Penal Code § 1180
New Trials
Applied in 23 court decisions — leading case 4 Cal. 3d 613 - In Re Crow (1971)
Most recently applied in Pensinger v. Chappell (June 2015)
Amended by Stats. 1951, Ch. 1674.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.