Indiana Statutes
§ 35-41-4-4 — When prosecution barred for different offense
Indiana § 35-41-4-4
JurisdictionIndiana
Art. 41SUBSTANTIVE CRIMINAL PROVISIONS
Ch. 4Standard of Proof and Bars to Prosecution
This text of Indiana § 35-41-4-4 (When prosecution barred for different offense) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Ind. Code § 35-41-4-4 (2026).
Text
(a)A prosecution is barred if all of the
following exist:
(1)There was a former prosecution of the defendant for a
different offense or for the same offense based on different facts.
(2)The former prosecution resulted in an acquittal or a conviction
of the defendant or in an improper termination under section 3 of
this chapter.
(3)The instant prosecution is for an offense with which the
defendant should have been charged in the former prosecution.
(b)A prosecution is not barred under this section if the offense on
which it is based was not consummated when the trial under the former
prosecution began.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts
1977, P.L.340, SEC.19.
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Related
Richardson v. State
800 N.E.2d 639 (Indiana Court of Appeals, 2003)
Williams v. State
762 N.E.2d 1216 (Indiana Supreme Court, 2002)
Billy Luke v. State of Indiana
51 N.E.3d 401 (Indiana Court of Appeals, 2016)
Johnson v. State
774 N.E.2d 1012 (Indiana Court of Appeals, 2002)
Timothy L. Hahn v. State of Indiana
67 N.E.3d 1071 (Indiana Court of Appeals, 2016)
Allen v. State
956 N.E.2d 195 (Indiana Court of Appeals, 2011)
Moore v. State
697 N.E.2d 1268 (Indiana Court of Appeals, 1998)
Hamer v. State
771 N.E.2d 109 (Indiana Court of Appeals, 2002)
Gregory v. State
596 N.E.2d 270 (Indiana Court of Appeals, 1992)
Bryant Dowdy v. State of Indiana (mem. dec.)
(Indiana Court of Appeals, 2020)
Mickey Rowe v. State of Indiana (mem. dec.)
121 N.E.3d 139 (Indiana Court of Appeals, 2019)
DOWDY v. STATE OF INDIANA
(S.D. Indiana, 2021)
Maurice Knight v. State of Indiana (mem. dec.)
(Indiana Court of Appeals, 2015)
Lamont Payne v. State of Indiana (mem. dec.)
(Indiana Court of Appeals, 2015)
Harrison v. Indiana Department of State Revenue
876 N.E.2d 814 (Indiana Tax Court, 2007)
Eric Danner v. State of Indiana
(Indiana Court of Appeals, 2013)
William Rowland Brittingham, III v. State of Indiana
(Indiana Court of Appeals, 2023)
Cody B. Honeycutt v. State of Indiana
974 N.E.2d 525 (Indiana Court of Appeals, 2012)
George W. Dixon v. State of Indiana (mem. dec.)
(Indiana Court of Appeals, 2020)
Nearby Sections
15
§ 35-31.5-1-1
Applicability§ 35-31.5-2-1
"Abandon"§ 35-31.5-2-1.5
"Abuse"§ 35-31.5-2-1.7
"Abusive head trauma"§ 35-31.5-2-10
"Advisory sentence"§ 35-31.5-2-10.5
"Affiant"§ 35-31.5-2-100
"Distribute"§ 35-31.5-2-101
"Distributor"§ 35-31.5-2-102
"Documentary material"§ 35-31.5-2-103
"Domestic animal"§ 35-31.5-2-104
"Drug"§ 35-31.5-2-105
"Drug abuser"§ 35-31.5-2-105.5
"Drug crime"§ 35-31.5-2-106
"Drug or alcohol screening test"§ 35-31.5-2-107
"Dwelling"Cite This Page — Counsel Stack
Bluebook (online)
Indiana § 35-41-4-4, Counsel Stack Legal Research, https://law.counselstack.com/statute/in/35-41-4-4.