Former prosecution before court lacking jurisdiction or when fraudulently procured by defendant.

  1. Law
  2. Delaware Code
  3. Crimes and Criminal Procedure
  4. General Provisions Concerning Offenses
  5. Former prosecution before court lacking jurisdiction or when fraudulently procured by defendant.

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A prosecution is not a bar within the meaning of §§ 207, 208 and 209 of this title under any of the following circumstances:

(1) The former prosecution was before a court which lacked jurisdiction over the defendant or the offense; or

(2) The former prosecution was procured by the defendant without the knowledge of the appropriate prosecuting officer and with the purpose of avoiding the sentence which might otherwise be imposed; or

(3) The former prosecution resulted in a judgment of conviction which was held invalid on appeal or in a subsequent proceeding on a writ of habeas corpus, coram nobis or similar process.


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