Montana Statutes
§ 46-11-505 — Former Prosecution Not A Bar
Montana § 46-11-505
JurisdictionMontana
Title 46CRIMINAL PROCEDURE
Ch. 11COMMENCEMENT OF PROSECUTION
Part 5Effect of Former Prosecutions
This text of Montana § 46-11-505 (Former Prosecution Not A Bar) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Mont. Code Ann. § 46-11-505 (2026).
Text
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Repealed§ 46-11-203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Repealed§ 46-11-205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 ReservedCite This Page — Counsel Stack
Bluebook (online)
Montana § 46-11-505, Counsel Stack Legal Research, https://law.counselstack.com/statute/mt/11/46-11-505.