If the defendant shall have been convicted or acquitted upon an indictment for an offense consisting of different degrees, such conviction or acquittal shall be a bar to another indictment for the offense charged in the former, or for any inferior degree of that offense, or for an attempt to commit the same, or for an offense necessarily included therein of which the defendant might have been convicted under that indictment.
Minn. Stat. § 630.33
(10699) RL s 5352; 1986 c 444