Effects of fraudulent prosecution or lack of jurisdiction
Applied in 2 court decisions — leading case Commonwealth v. Stephenson (2002)
Most recently applied in Commonwealth v. Stephenson (August 2002)
Effective: January 1, 1975 History: Created 1974 Ky
A prosecution is not barred, as provided in KRS 505.030, 505.040 and 505.050 if the former prosecution:
(1) Was procured by the defendant without the knowledge of the proper prosecuting officer and with the purpose of avoiding the sentence which otherwise might be imposed; or (2) Was before a court which lacked jurisdiction over the defendant or the offense.
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.