General effect of pleas of autrefois acquit and autrefois convict

(1) On the trial of an issue on a plea of autrefois acquit or autrefois convict to any count or counts, if it appears that the matter on which the accused person was tried on the former trial is the same, in whole or in part, as that on which it is proposed to try him, and that he might, on the former trial, have been convicted of all the crimes of which he may be convicted on the count or counts to which that plea is pleaded, the court shall give judgment that he be discharged from that count or those counts. (2) If it appears that the accused person might, on the former trial, have been convicted of any crime of which he may be convicted on the count or counts to which that plea is pleaded, but that he may be convicted on the count or counts of some crime or crimes of which he could not have been convicted on the former trial, the court shall direct that he shall not be convicted on the count or counts of any crime of which he might have been convicted on the former trial, but that he shall plead over as to the other crime or crimes charged.