2009 Montana Code Annotated
TITLE 46. CRIMINAL PROCEDURE
CHAPTER 11. COMMENCEMENT OF PROSECUTION
Part 5. Effect of Former Prosecutions
46-11-505. Former prosecution not a bar.
46-11-505. Former prosecution not a bar. A prosecution is not a bar if:
(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.
History: En. 95-1711 by Sec. 6, Ch. 513, L. 1973; amd. Sec. 25, Ch. 184, L. 1977; R.C.M. 1947, 95-1711(5); amd. Sec. 123, Ch. 800, L. 1991.
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