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RULE ON SUPERVENING FACTS

RULE  ON  SUPERVENING  FACTS

Where  after  the  first  prosecution  a new fact supervenes for which the defendant is responsible, which changes the  character  of  the  offense  and,  together  with  the  facts  existing  at  the time, constitutes a new and distinct offense, the accused cannot be said to be in second jeopardy if indicted for the second offense.


RULE ON SUPERVENING FACTS

RULE  ON  SUPERVENING  FACTS

Where  after  the  first  prosecution  a new fact supervenes for which the defendant is responsible, which changes the  character  of  the  offense  and,  together  with  the  facts  existing  at  the time, constitutes a new and distinct offense, the accused cannot be said to be in second jeopardy if indicted for the second offense.


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