When conviction or acquittal a bar

N.D.C.C. § 29-22-35 — under Jury After Submission of Cause and Verdict.

N.D.C.C. § 29-22-35

If the defendant has been convicted or acquitted upon an information or indictment for an offense consisting of different degrees, the conviction or acquittal is a bar to another information or indictment for the offense charged or for any lower degree of that offense or for an offense necessarily included therein.