{"data":{"id":"us-ky/krs-505.030","jurisdiction":"us-ky","citation":"KRS 505.030","heading":"Effect of former prosecution for same offense.","body":"When a prosecution is for a violation of the same statutory provision and is based upon\nthe same facts as a former prosecution, it is barred by the former prosecution under the\nfollowing circumstances:\n(1) The former prosecution resulted in:\n(a) An acquittal, or\n(b) A conviction which has not subsequently been set aside; or\n(2) The former prosecution resulted in a determination by the court that there was\ninsufficient evidence to warrant a conviction; or\n(3) The former prosecution was terminated by a f inal order or judgment, which has not\nsubsequently been set aside, and which required a determination inconsistent with\nany fact or legal proposition necessary to a conviction in the subsequent\nprosecution; or\n(4) The former prosecution was improperly terminated after the first witness was sworn\nbut before findings were rendered by a trier of fact. Termination under either of the\nfollowing circumstances is not improper:\n(a) The defendant expressly consents to the termination or by motion for mistrial\nor in some other manner waives his right to object to the termination; or\n(b) The trial court, in exercise of its discretion, finds that the termination is\nmanifestly necessary.","path":["KRS Chapter 505"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=19697","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:00Z","sha256":"cf246808e29c7b1a35543ec9ca1d21a55ca9da5cc05272cc6b92fb5f7b2f567a","source_id":"us-ky","stale":false,"prev":"us-ky/krs-505.020","next":"us-ky/krs-505.040"},"notice":"GroundRules: Original legal text. Not legal advice."}