Public-domain · open source
OpenJurist

Ind. Code § 35-41-4-6

Invalid or fraudulently procured prosecution not a bar

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

Sec. 6. A former prosecution is not a bar under section 3, 4, or 5 of this chapter if:

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

(2) it was procured by the defendant without the knowledge of the prosecuting authority and with intent to avoid a more severe sentence that might otherwise have been imposed; or

(3) it resulted in a conviction that was set aside, reversed, vacated, or held invalid in a subsequent proceeding, unless the defendant was adjudged not guilty or ordered discharged.

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