Arkansas § 5-1-112 - Affirmative defense — Former prosecution for same offense.
Full text of Arkansas Arkansas Code of 1987 Annotated § 5-1-112 — Affirmative defense — Former prosecution for same offense., with citation guidance and answers to common questions.
§ 5-1-112. Affirmative defense — Former prosecution for same offense.
A former prosecution is an affirmative defense to a subsequent prosecution for the same offense under any of the following circumstances: The former prosecution resulted in an acquittal. There is an acquittal if the former prosecution resulted in a determination of not guilty. A determination of guilt of a lesser included offense is an acquittal of the greater inclusive offense although the conviction is subsequently set aside; The former prosecution resulted in a conviction. There is a conviction if the former prosecution resulted in a: Judgment of conviction that has not been reversed or vacated; Verdict of guilty that has not been set aside and that is capable of supporting a judgment; or Plea of guilty or nolo contendere accepted by the court; or The former prosecution was terminated without the express or implied consent of the defendant after the jury was sworn or, if trial was before the court, after the first witness was sworn, unless the termination was justified by overruling necessity.
Source: official Arkansas text · Last verified 2026-08-27
Frequently Asked Questions About Arkansas § 5-1-112
What does Arkansas Code of 1987 Annotated § 5-1-112 cover?
Section 5-1-112 ("Affirmative defense — Former prosecution for same offense.") is part of the Arkansas Code of 1987 Annotated, the codified statutory law of Arkansas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Arkansas § 5-1-112?
A common citation format is "Arkansas Code of 1987 Annotated § 5-1-112" (Arkansas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Arkansas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Arkansas official source linked on this page or consult a licensed Arkansas attorney.
How does Arkansas § 5-1-112 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Arkansas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Arkansas.