Okla. Stat. tit. 22, § 22-951: New trial defined - Proceedings on new trial - Former

verdict no bar - Capital cases.

A. A new trial is a reexamination of the issue in the same

court, before another jury, after a verdict has been given. 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

except of witnesses who are absent from the state or dead, in which

event the evidence of such witnesses on the former trial may be

presented; and the former verdict 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 indictment or

information.

B. In capital cases, when an appeal has been taken and the

cause has been remanded for a new trial, the court shall proceed as

provided in subsection A of this section.

C. In capital cases, when an appeal has been taken and the

cause has been remanded for resentencing, the prosecutor and court

shall proceed as provided in Section 3 of this act.