A prosecution is not a bar if:

1. (1) the former prosecution was before a court that lacked jurisdiction over the defendant or the offense; or
2. (2) the former prosecution resulted in a judgment of conviction that was held invalid in a postconviction hearing.

History: En. 95-1711 by Sec. 6, Ch. 513, L. 1973; amd. Sec. 25, Ch. 184, L. 1977; R.C.M. 1947, 95-1711(5); amd. Sec. 123, Ch. 800, L. 1991.