505.030 Effect of former prosecution for same offense.
When a prosecution is for a violation of the same statutory provision and is based upon <br>the same facts as a former prosecution, it is barred by the former prosecution under the <br>following circumstances: <br>(1) The former prosecution resulted in:
(a) An acquittal, or <br>(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 <br>any fact or legal proposition necessary to a conviction in the subsequent <br>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 <br>following circumstances is not improper: <br>(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 <br>History: Created 1974 Ky. Acts ch. 406, sec. 45, effective January 1, 1975.
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