Show TA POINT OF LAW Speaking of the CKONIX case the Globe Democrat says The lawyers differ as to what effect the granting of a new trial would have upon the authority of a Second jury Some say that thepenalty could not exceed that which the first jury imposed while others contend that the second trial would place the defendants in the position of not having been previously tried leaving leav-ing the new Jury full discretion in the matter mat-ter The question has never been passed upon by the supreme court of Illinois but similar tribunals in some of the other states have held in recent years that where a new trial is ordered on account of error the first verdict can not be pleaded for any purpose THE HERALD is unable to understand un-derstand why there should be differences of opinion regarding the matter Undoubtedly Un-doubtedly the granting of a new trial is substantially and formally obliterating the old one thus placing the defendant in the position he occupied before the issues were heard at all and to say that a jury would on the second trial be restricted to what was done by their predecessors prede-cessors and which was negatived and obliterated ob-literated would be to state a palpable absurdity ab-surdity It would also be in effect denying representation to the state while giving it to the defense and thus be inequitable and unjust Undoubtedly a new trial is a trial for all purposes whatsoever |