Art. 596.  Requirements for double jeopardy

Double jeopardy exists in a second trial only when the charge in that trial is:

(1)  Identical with or a different grade of the same offense for which the defendant was in jeopardy in the first trial, whether or not a responsive verdict could have been rendered in the first trial as to the charge in the second trial; or

(2)  Based on a part of a continuous offense for which offense the defendant was in jeopardy in the first trial.