§ 5-1-112 - Affirmative defense -- Former prosecution for same offense.
5-1-112. Affirmative defense -- Former prosecution for same offense.
A former prosecution is an affirmative defense to a subsequent prosecution for the same offense under any of the following circumstances:
(1) (A) The former prosecution resulted in an acquittal.
(B) (i) There is an acquittal if the former prosecution resulted in a determination of not guilty.
(ii) A determination of guilt of a lesser included offense is an acquittal of the greater inclusive offense although the conviction is subsequently set aside;
(2) (A) The former prosecution resulted in a conviction.
(B) There is a conviction if the former prosecution resulted in a:
(i) Judgment of conviction that has not been reversed or vacated;
(ii) Verdict of guilty that has not been set aside and that is capable of supporting a judgment; or
(iii) Plea of guilty or nolo contendere accepted by the court; or
(3) The former prosecution was terminated without the express or implied consent of the defendant after the jury was sworn or, if trial was before the court, after the first witness was sworn, unless the termination was justified by overruling necessity.