Section 18-1-304 - Former prosecution not a bar

(1) A former prosecution is not a bar within the meaning of sections 18-1-301 to 18-1-303, if the former prosecution:(a) Was before a court that lacked jurisdiction over the defendant or the offense; or(b) Was procured by the defendant without the knowledge of the appropriate prosecuting official and with the intent to avoid the sentence that otherwise might be imposed; or(c) Resulted in a judgment of conviction that was set aside, reversed, or vacated upon appeal or in any other subsequent judicial proceeding.L. 71: R&RE, p. 398, § 1. C.R.S. 1963: § 40-1-404.