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.