When prosecution barred for different offense
Sec. 4. (a) A prosecution is barred if all of the following exist:
(1) There was a former prosecution of the defendant for a
different offense or for the same offense based on different
facts.
(2) The former prosecution resulted in an acquittal or a
conviction of the defendant or in an improper termination under
section 3 of this chapter.
(3) The instant prosecution is for an offense with which the
defendant should have been charged in the former prosecution.
(b) A prosecution is not barred under this section if the offense on
which it is based was not consummated when the trial under the
former prosecution began.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977,
P.L.340, SEC.19.
Last modified: May 24, 2006