Del. Code 11, § 210 : Crimes And Criminal Procedure — General Provisions Concerning Offenses — Former prosecution before court lacking jurisdiction or when fraudulently procured by defendant

  • Date:

Current through 2016 Legislative Session, Act 399

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.
Del. C. § 210
11 Del. C. 1953, § 210; 58 Del. Laws, c. 497, § 1.;
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