505.030 Effect of former prosecution for same offense.

192 words·~1 min read·/ky/chapter-505/505-030

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

When a prosecution is for a violation of the same statutory provision and is based upon the same facts as a former prosecution, it is barred by the former prosecution under the following circumstances:

(1)The former prosecution resulted in:

(a)An acquittal, or

(b)A conviction which has not subsequently been set aside; or

(2)The former prosecution resulted in a determination by the court that there was

insufficient evidence to warrant a conviction; or

(3)The former prosecution was terminated by a final order or judgment, which has not

subsequently been set aside, and which required a determination inconsistent with

any fact or legal proposition necessary to a conviction in the subsequent

prosecution; or

(4)The former prosecution was improperly terminated after the first witness was sworn

but before findings were rendered by a trier of fact. Termination under either of the

following circumstances is not improper:

(a)The defendant expressly consents to the termination or by motion for mistrial

or in some other manner waives his right to object to the termination; or

(b)The trial court, in exercise of its discretion, finds that the termination is

manifestly necessary.