Montana Statutes
§ 46-11-505 — Former Prosecution Not A Bar
Montana·Title 46 CRIMINAL PROCEDURE·Ch. 11 COMMENCEMENT OF PROSECUTION·Part 5 Effect of Former Prosecutions
46-11-505 . Former prosecution not a bar. A prosecution is not a bar if:
(1)the former prosecution was before a court that lacked jurisdiction over the defendant or the offense; or
(2)the former prosecution resulted in a judgment of conviction that was held invalid in a postconviction hearing.
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Legislative History
En. 95-1711 by Sec. 6, Ch. 513, L. 1973; amd. Sec. 25, Ch. 184, L. 1977; R.C.M. 1947, 95-1711(5); amd. Sec. 123, Ch. 800, L. 1991.
Nearby Sections
15
§ 46-11-101
Methods Of Commencing Prosecution§ 46-11-102
Required Methods§ 46-11-103
Through 46-11-109 Reserved§ 46-11-110
Filing Complaint§ 46-11-111
Amending Complaint§ 46-11-201
Leave To File Information§ 46-11-202
Repealed§ 46-11-203
Time For Filing Information§ 46-11-204
Repealed§ 46-11-205
Amending Information As To Substance Or Form§ 46-11-301
Summoning Grand Jury§ 46-11-302
Challenges To Grand Jury Or Grand Jurors§ 46-11-303
Lead Juror§ 46-11-304
Appointing Special Prosecutor§ 46-11-305
And 46-11-306 Reserved