Del. Code tit. 11 § 210

Current through 2024 Legislative Session Act Chapter 531

Section 210 - Former prosecution before court lacking jurisdiction or when fraudulently procured by defendant

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.

11 Del. C. § 210

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