N.D. Cent. Code § 29-22-35
29-22-35. When conviction or acquittal a bar
29-22-35. When conviction or acquittal a bar
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.