Arkansas Statutes
§ 5-1-112 — Affirmative defense - Former prosecution for same offense
Arkansas § 5-1-112
JurisdictionArkansas
Title5
This text of Arkansas § 5-1-112 (Affirmative defense - Former prosecution for same offense) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Ark. Code Ann. § 5-1-112 (2026).
Text
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
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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 limitationsCite This Page — Counsel Stack
Bluebook (online)
Arkansas § 5-1-112, Counsel Stack Legal Research, https://law.counselstack.com/statute/ar/5-1-112.