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2022 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES
§ 210. Former prosecution before court lacking jurisdiction or when fraudulently procured by defendant.
Universal Citation:
11 DE Code § 210 (2022)
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§ 210. Former prosecution before court lacking jurisdiction or when fraudulently procured by defendant. 11 Del. C. 1953, § 210; 58 Del. Laws, c. 497, § 1;
A prosecution is not a bar within the meaning of §§ 207, 208 and 209 of this title under any of the following circumstances:
(1) The former prosecution was before a court which lacked jurisdiction over the defendant or the offense; or
(2) The former prosecution was procured by the defendant without the knowledge of the appropriate prosecuting officer and with the purpose of avoiding the sentence which might otherwise be imposed; or
(3) The former prosecution resulted in a judgment of conviction which was held invalid on appeal or in a subsequent proceeding on a writ of habeas corpus, coram nobis or similar process.
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