816.4  Trial of former jeopardy issue.

When the defendant's only plea to the indictment is a former conviction or acquittal, the order of trial prescribed in rule of criminal procedure 2.19 shall be reversed, and the defendant shall first offer evidence in support of the defense.

Section History: Early form

  [R60, § 4787; C73, § 4422; C97, § 5374; C24, 27, 31, 35, 39, § 13855; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 780.14; C79, 81, § 816.4]


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