Title 16, Chapter 1, Section 8
( 16-1-8)
(a) A prosecution is barred if the accused was formerly prosecuted
for the same crime based upon the same material facts, if such
former prosecution: (1) Resulted in either a conviction or an acquittal; or (2) Was terminated improperly after the jury was impaneled and
sworn or, in a trial before a court without a jury, after the
first witness was sworn but before findings were rendered by the
trier of facts or after a plea of guilty was accepted by the
court. (b) A prosecution is barred if the accused was formerly prosecuted
for a different crime or for the same crime based upon different
facts, if such former prosecution: (1) Resulted in either a conviction or an acquittal and the
subsequent prosecution is for a crime of which the accused could
have been convicted on the former prosecution, is for a crime with
which the accused should have been charged on the former
prosecution (unless the court ordered a separate trial of such
charge), or is for a crime which involves the same conduct, unless
each prosecution requires proof of a fact not required on the
other prosecution or unless the crime was not consummated when the
former trial began; or (2) Was terminated improperly and the subsequent prosecution is
for a crime of which the accused could have been convicted if the
former prosecution had not been terminated improperly. (c) A prosecution is barred if the accused was formerly prosecuted
in a district court of the United States for a crime which is within
the concurrent jurisdiction of this state if such former prosecution
resulted in either a conviction or an acquittal and the subsequent
prosecution is for the same conduct, unless each prosecution
requires proof of a fact not required in the other prosecution or
unless the crime was not consummated when the former trial began. (d) A prosecution is not barred within the meaning of this Code
section if: (1) The former prosecution was before a court which lacked
jurisdiction over the accused or the crime; or (2) Subsequent proceedings resulted in the invalidation, setting
aside, reversal, or vacating of the conviction, unless the accused
was thereby adjudged not guilty or unless there was a finding that
the evidence did not authorize the verdict. (e) Termination under any of the following circumstances is not
improper: (1) The accused consents to the termination or waives by motion to
dismiss or other affirmative action his right to object to the
termination; or (2) The trial court finds that the termination is necessary
because:
(A) It is physically impossible to proceed with the trial; (B) Prejudicial conduct in or out of the courtroom makes it
impossible to proceed with the trial without injustice to the
defendant; (C) The jury is unable to agree upon a verdict; or (D) False statements of a juror on voir dire prevent a fair
trial. |