Georgia § 16-1-8 - When prosecution barred by former prosecution.

§ 16-1-8. When prosecution barred by former prosecution.

A prosecution is barred if the accused was formerly prosecuted for the same crime based upon the same material facts, if such former prosecution: Resulted in either a conviction or an acquittal; or 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. 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: 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 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. 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. A prosecution is not barred within the meaning of this Code section if: The former prosecution was before a court which lacked jurisdiction over the accused or the crime; or 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. Termination under any of the following circumstances is not improper: The accused consents to the termination or waives by motion to dismiss or other affirmative action his right to object to the termination; or The trial court finds that the termination is necessary because: It is physically impossible to proceed with the trial; Prejudicial conduct in or out of the courtroom makes it impossible to proceed with the trial without injustice to the defendant; The jury is unable to agree upon a verdict; or False statements of a juror on voir dire prevent a fair trial. (Code 1933, § 26-507, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1982, p. 3, § 16.) Cross references. - Multiple jeopardy, U.S. Const., amend. 5 and Ga. Const. 1983, Art. I, Sec. I, Para. XVIII. Law reviews. - For survey article on criminal law and procedure for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 117 (2003). For comment, "Grady v. Corbin: An Unsuccessful Effort to Define Same Offense," see 25 Ga. L. Rev. 143 (1990).