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Ind. Code § 35-41-4-5

Former prosecution in another jurisdiction a bar

Applied in 9 court decisions — leading case State v. Rogers (1977)

Most recently applied in Amanda Dill v. State of Indiana (August 2017)

As added by Acts 1976, P.L.148, SEC.1

How often courts cite this section

19771980199020002010201720
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.

Sec. 5. In a case in which the alleged conduct constitutes an offense within the concurrent jurisdiction of Indiana and another jurisdiction, a former prosecution in any other jurisdiction is a bar to a subsequent prosecution for the same conduct in Indiana, if the former prosecution resulted in an acquittal or a conviction of the defendant or in an improper termination under section 3 of this chapter.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.