Montana Code 46-11-505. Former prosecution not a bar

46-11-505. Former prosecution not a bar. A prosecution is not a bar if:

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Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Judgment: means an adjudication by a court that the defendant is guilty or not guilty, and if the adjudication is that the defendant is guilty, it includes the sentence pronounced by the court. See Montana Code 46-1-202
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202

(1)the former prosecution was before a court that lacked jurisdiction over the defendant or the offense; or

(2)the former prosecution resulted in a judgment of conviction that was held invalid in a postconviction hearing.