Labels:book | reckoner OCR: review [IC 35-50-2-9 as added by Acts 1977. P.L. 340. 122|. 35-4 1-4-3 Prosecution barred for same offense. A prosecution is barred i1 there was former prosecution of the defendant based the same facts and for commis sion of the same offense and 1 The former prosecution resulted in an acquittal Or conviction of the refendant conviction of an in cluded offensc constitutes an acquittal of the greater fense the convictin subsequently set aside. The former prosecution was terminated after the jury was impaneled sworn, or, in trial by the court without jury. after the first witness was sworn unless {i) the defendant consented tr the termination or waived. by motion dismiss otherwi: SC. his right to objcct the termination, (i1) it was physically impossible pro ceed with the 1211 in conformity wi ...
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