When acquittal or conviction not a bar to further complaint.

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No acquittal or conviction for any criminal offense, had upon any complaint issued by the procurement or at the solicitation of the person committing it, shall be a bar to another complaint or information for the same offense.

(1949 Rev., S. 8878.)

Fraudulent procurement of conviction by authorities a bar, as defendant must be personally concerned in such fraud. 26 C. 207. Nature and limitations of doctrine as to former conviction. 65 C. 271. If crimes are distinct, though evidence much the same, it does not apply. 77 C. 201. Acquittal for receiving stolen goods bars prosecution for theft; but discharge on hearing as to probable cause not an acquittal. 83 C. 286.


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