(a) the former prosecution resulted in an acquittal or in a conviction as defined
in section 704(a) and (c) or was a barring termination under section 704(d) and the
subsequent prosecution is for any offense for which the defendant should have been tried in the first prosecution under section 703(2) unless the court ordered a separate trial of the charge of such offense;
or
(b) the former prosecution was terminated by an acquittal or by a final order or judgment
for the defendant which has not been set aside, reversed or vacated and which necessarily
required a determination inconsistent with a fact or a legal proposition which must be established
for conviction of the offense of which the defendant is subsequently prosecuted.