Indiana Code - Criminal Law and Procedure - Title 35, Section 35-41-4-6

Invalid or fraudulently procured prosecution not a bar

Sec. 6. A former prosecution is not a bar under section 3, 4, or 5
of this chapter if:
(1) it was before a court that lacked jurisdiction over the
defendant or the offense;
(2) it was procured by the defendant without the knowledge of
the prosecuting authority and with intent to avoid a more severe
sentence that might otherwise have been imposed; or
(3) it resulted in a conviction that was set aside, reversed,
vacated, or held invalid in a subsequent proceeding, unless the
defendant was adjudged not guilty or ordered discharged.

As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977,
P.L.340, SEC.21.

Last modified: May 24, 2006