{"data":{"id":"us-ga/o.c.g.a.-16-1-8","jurisdiction":"us-ga","citation":"O.C.G.A. § 16-1-8","heading":"When prosecution barred by former prosecution.","body":"(a) A prosecution is barred if the accused was formerly prosecuted for the same crime based upon the same material facts, if such former prosecution:\n(1) Resulted in either a conviction or an acquittal; or\n(2) Was terminated improperly after the jury was impaneled and sworn or, in a trial before a court without a jury, after the first witness was sworn but before findings were rendered by the trier of facts or after a plea of guilty was accepted by the court.\n(b) A prosecution is barred if the accused was formerly prosecuted for a different crime or for the same crime based upon different facts, if such former prosecution:\n(1) Resulted in either a conviction or an acquittal and the subsequent prosecution is for a crime of which the accused could have been convicted on the former prosecution, is for a crime with which the accused should have been charged on the former prosecution (unless the court ordered a separate trial of such charge), or is for a crime which involves the same conduct, unless each prosecution requires proof of a fact not required on the other prosecution or unless the crime was not consummated when the former trial began; or\n(2) Was terminated improperly and the subsequent prosecution is for a crime of which the accused could have been convicted if the former prosecution had not been terminated improperly.\n(c) A prosecution is barred if the accused was formerly prosecuted in a district court of the United States for a crime which is within the concurrent jurisdiction of this state if such former prosecution resulted in either a conviction or an acquittal and the subsequent prosecution is for the same conduct, unless each prosecution requires proof of a fact not required in the other prosecution or unless the crime was not consummated when the former trial began.\n(d) A prosecution is not barred within the meaning of this Code section if:\n(1) The former prosecution was before a court which lacked jurisdiction over the accused or the crime; or\n(2) Subsequent proceedings resulted in the invalidation, setting aside, reversal, or vacating of the conviction, unless the accused was thereby adjudged not guilty or unless there was a finding that the evidence did not authorize the verdict.\n(e) Termination under any of the following circumstances is not improper:\n(1) The accused consents to the termination or waives by motion to dismiss or other affirmative action his right to object to the termination; or\n(2) The trial court finds that the termination is necessary because:\n(A) It is physically impossible to proceed with the trial;\n(B) Prejudicial conduct in or out of the courtroom makes it impossible to proceed with the trial without injustice to the defendant;\n(C) The jury is unable to agree upon a verdict; or\n(D) False statements of a juror on voir dire prevent a fair trial.","path":["TITLE 16 Crimes and Offenses","CHAPTER 1 General Provisions"],"source_url":"https://archive.org/download/gov.ga.ocga.2018/release86.2022.11/gov.ga.ocga.title.16.odt","current_through":"Release 86 (2022-11)","vintage":"Public.Resource.Org bulk O.C.G.A., Release 86 (2022-11), retrieved 2026-09-17","retrieved_at":"2026-09-17T19:34:57Z","sha256":"c6ad4e0416d2a1ef72746af9dffe4723d73648da5152726c7ac2f3db19151166","source_id":"us-ga","stale":false,"prev":"us-ga/o.c.g.a.-16-1-7","next":"us-ga/o.c.g.a.-16-1-9"},"notice":"GroundRules: Original legal text. Not legal advice."}