KRS 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 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 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 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.