In State v. Goodson, 54 N.M. 184, 217 P.2d 262 (1950), the Court first recognized a jurisdictional exception to double jeopardy. The Court discussed the general rule as applied in other jurisdictions, that is, that "an acquittal or conviction for a minor offense included in a greater will not bar a prosecution for the greater if the court in which the acquittal or conviction was had was without jurisdiction to try the accused for the greater offense." See id. at 186, 217 P.2d at 263. It then adopted the rule for our state, stating: "Reason and logic do not support a rule whereby one guilty of the crime of rape may escape a possible sentence of 99 years in the penitentiary by the expedient of pleading guilty to a charge of assault and battery in a justice court where the penalty may be as low as a fine of $ 5.00." Id. at 188, 217 P.2d at 265.