Ark. Code Ann. § 5-1-115

Former prosecutions that are not affirmative defenses

Known as the Arkansas Criminal Code

The act spans §§ 5–5 (18 sections).

Applied in 3 court decisions — leading case 67 Ark. App. 262 - Muhammad v. State (1999)

Most recently applied in People v. Giem (December 2015)

Acts 1975, No. 280, § 109; A.S.A. 1947, § 41-109.

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

A former prosecution is not an affirmative defense within the meaning of §§ 5-1-112 — 5-1-114 under any of the following circumstances:

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

(2) The former prosecution was procured by the defendant without the knowledge of the appropriate prosecuting official or aggrieved party and with the purpose of avoiding the sentence that might otherwise be imposed; or

(3) The former prosecution resulted in a judgment of conviction that was held invalid in a subsequent proceeding on a writ of habeas corpus, coram nobis, or similar process.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.