776 - Offender liable to indictment.

§ 776. Offender liable to indictment. A person, punished as prescribed  in  this  article,  may,  notwithstanding,  be  indicted  for  the  same  misconduct, if it is an indictable offense; but the court, before  which  he  is convicted, must, in forming its sentence, take into consideration  the previous punishment.