When prosecution barred for same offense
Sec. 3. (a) A prosecution is barred if there was a former
prosecution of the defendant based on the same facts and for
commission of the same offense and if:
(1) the former prosecution resulted in an acquittal or a
conviction of the defendant (A conviction of an included
offense constitutes an acquittal of the greater offense, even if
the conviction is subsequently set aside.); or
(2) the former prosecution was terminated after the jury was
impaneled and sworn or, in a trial by the court without a jury,
after the first witness was sworn, unless (i) the defendant
consented to the termination or waived, by motion to dismiss or
otherwise, his right to object to the termination, (ii) it was
physically impossible to proceed with the trial in conformity
with law, (iii) there was a legal defect in the proceedings that
would make any judgment entered upon a verdict reversible as
a matter of law, (iv) prejudicial conduct, in or outside the
courtroom, made it impossible to proceed with the trial without
injustice to either the defendant or the state, (v) the jury was
unable to agree on a verdict, or (vi) false statements of a juror
on voir dire prevented a fair trial.
(b) If the prosecuting authority brought about any of the
circumstances in subdivisions (a)(2)(i) through (a)(2)(vi) of this
section, with intent to cause termination of the trial, another
prosecution is barred.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977,
P.L.340, SEC.18.
Last modified: May 24, 2006