Effect of former prosecution for same offense
KRS 505.030
in effect505.030. 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 acquittal, 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 final 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 terminated 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, finds that the termination is manifestly necessary.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 45, effective January 1, 1975.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=19697Fetched: 10/20/2026