1. MCA Contents
  2. TITLE 46
  3. CHAPTER 11
  4. Part 5
  5. 46-11-505 Former prosecution not a bar

Montana Code Annotated 2017

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 11. COMMENCEMENT OF PROSECUTION

Part 5. Effect of Former Prosecutions

Former Prosecution Not A Bar

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.

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.