Arkansas Statutes
§ 5-1-112 — Affirmative defense - Former prosecution for same offense
Arkansas·Title 5
A former prosecution is an affirmative defense to a subsequent prosecution for the same offense under any of the following circumstances:
(1)(A) The former prosecution resulted in an acquittal.
(B)(i) There is an acquittal if the former prosecution resulted in a determination of not guilty.
(ii)A determination of guilt of a lesser included offense is an acquittal of the greater inclusive offense although the conviction is subsequently set aside;
(2)(A) The former prosecution resulted in a conviction.
(B)There is a conviction if the former prosecution resulted in a:
(i)Judgment of conviction that has not been reversed or vacated;
(ii)Verdict of guilty that has not been set aside and that is capable of supporting a judgment; or (iii) Plea of guilty or nolo contendere accepted by the c
Free access — add to your briefcase to read the full text and ask questions with AI
Arkansas § 5-1-112 (Affirmative defense - Former prosecution for same offense) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Bradford v. State
94 S.W.3d 904 (Supreme Court of Arkansas, 2003)
Shaw v. State
802 S.W.2d 468 (Supreme Court of Arkansas, 1991)
Williams v. State
268 S.W.3d 868 (Supreme Court of Arkansas, 2007)
Craig v. State
863 S.W.2d 825 (Supreme Court of Arkansas, 1993)
Hughes v. State
66 S.W.3d 645 (Supreme Court of Arkansas, 2002)
Koster v. State
286 S.W.3d 152 (Supreme Court of Arkansas, 2008)
Zawodniak v. State
3 S.W.3d 292 (Supreme Court of Arkansas, 1999)
Wilcox v. State
39 S.W.3d 434 (Supreme Court of Arkansas, 2000)
State v. Singleton
13 S.W.3d 584 (Supreme Court of Arkansas, 2000)
Phillips v. State
992 S.W.2d 86 (Supreme Court of Arkansas, 1999)
Hale v. State
985 S.W.2d 303 (Supreme Court of Arkansas, 1999)
Smith v. State
821 S.W.2d 774 (Supreme Court of Arkansas, 1992)
Green v. State
2009 Ark. 113 (Supreme Court of Arkansas, 2009)
Shelton v. State
2009 Ark. 388 (Supreme Court of Arkansas, 2009)
Willis v. State
772 S.W.2d 584 (Supreme Court of Arkansas, 1989)
Basura v. City of Springdale
884 S.W.2d 629 (Court of Appeals of Arkansas, 1994)
Rowlins v. State
891 S.W.2d 56 (Supreme Court of Arkansas, 1995)
Green v. State
917 S.W.2d 171 (Court of Appeals of Arkansas, 1996)
Robert v. Shaw v. Larry Norris, Director, Arkansas Department of Correction
33 F.3d 958 (Eighth Circuit, 1994)
Garduno-Trejo v. State
379 S.W.3d 692 (Court of Appeals of Arkansas, 2010)
Legislative History
Acts 1975, No. 280, § 106; A.S.A. 1947, § 41-106.
Nearby Sections
15
§ 5-1-101
Title§ 5-1-102
Definitions§ 5-1-103
Applicability to offenses generally§ 5-1-104
Territorial applicability§ 5-1-106
Felonies§ 5-1-107
Misdemeanors§ 5-1-108
Violations§ 5-1-109
Statute of limitations