§ 107. When Prosecution Barred by Former Prosecution for the Same Crime.

    1. When a prosecution is for a violation of the same provision of the statutes or the statutes of another jurisdiction, and based upon the same facts as a former prosecution, it is barred by such former prosecution under the following circumstances, unless the first prosecution was in a court which lacked jurisdiction over the defendant:

            a. The former prosecution resulted in an acquittal. There is an acquittal if the prosecution resulted in a finding of not guilty by the trier of fact, or in a determination that there was insufficient evidence to warrant a conviction, or if the jury is unable to agree on a verdict, or if an appellate court reverses a jury's verdict of guilty. A finding of guilty of a lesser included crime is an acquittal of the greater inclusive crime;

            b. The former prosecution was terminated, after the indictment found, by an order or judgement for the defendant that necessarily required a determination inconsistent with a fact or a legal proposition that must be established for conviction of the crime;

            c. The former prosecution resulted in a conviction. There is a conviction if the prosecution resulted in a judgement of conviction that has not been reversed or vacated, a verdict of guilty that has not been set aside and that is capable of supporting a judgement, or a plea of guilty accepted by the Court. In the latter two cases failure to enter judgement must be for a reason other than a motion of the defendant;

            d. The former prosecution was improperly terminated. There is an improper termination of a prosecution if the termination is for reasons not amounting to an acquittal or conviction, and it takes place after the jury is sworn but before verdict, unless:

                    i. the defendant consents to the termination or waives his right to object to the termination; or

                    ii. the Court determines it is physically impossible to proceed with the trial in conformity with law; or

                    iii. there is a legal defect in the proceedings that would make any judgement entered upon a verdict reversible as a matter of law; or