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

§ 210. Former prosecution before court lacking jurisdiction or when fraudulently procured by defendant. 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.11 Del. C. 1953, § 210; 58 Del. Laws, c. 497, § 1;