Former prosecution before court lacking jurisdiction or when fraudulently procured by defendant.

Del. Code tit. 11, § 210
in effect
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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.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title11/c002/index.htmlFetched: 6/28/2026
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title11/c002/index.htmlFetched: 10/4/2026

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