505.030 Effect of former prosecution for same offense. When a prosecution is for a violation of the same statutory provision and is based upon the same facts as a former prosecution, it is barred by the former prosecution under the following circumstances: (1) The former prosecution resulted in: (a) An acqui ttal, or (b) A conviction which has not subsequently been set aside; or (2) The former prosecution resulted in a determination by the court that there was insufficient evidence to warrant a conviction; or (3) The former prosecution was terminated by a f inal order or judgment, which has not subsequently been set aside, and which required a determination inconsistent with any fact or legal proposition necessary to a conviction in the subsequent prosecution; or (4) The former prosecution was improperly ter minated after the first witness was sworn but before findings were rendered by a trier of fact. Termination under either of the following circumstances is not improper: (a) The defendant expressly consents to the termination or by motion for mistrial or in some other manner waives his right to object to the termination; or (b) The trial court, in exercise of its discretion, defendant expressly consents to the termination or by motion for mistrial or in some other manner waives his right to object to the termination; or (b) The trial court, in exercise of its discretion, finds that the termination is manifestly necessary. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 45, effe ctive January 1, 1975.
Kentucky Legal Code