Kentucky Statutes 505.030 – Effect of former prosecution for same offense
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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.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 45, effective January 1, 1975.
(1) The former prosecution resulted in: (a) An acquittal, or
Terms Used In Kentucky Statutes 505.030
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
- Sworn: includes "affirmed" in all cases in which an affirmation may be substituted for an oath. See Kentucky Statutes 446.010
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 45, effective January 1, 1975.