Section 8. If a person has been acquitted by reason of a variance between the indictment or complaint and the proof, or by reason of a defect of form or substance in the indictment or complaint, he may be again arraigned, tried and convicted for the same crime on a new indictment or complaint, notwithstanding such former acquittal.
Structure Massachusetts General Laws
Part IV - Crimes, Punishments and Proceedings in Criminal Cases
Title I - Crimes and Punishments
Chapter 263 - Rights of Persons Accused of Crime
Section 1 - Nature of Crime; Right to Be Informed; Penalty
Section 1a - Fingerprinting and Photographing; Contents of Record; Audits
Section 2 - Arrest on False Pretense; Penalty
Section 3 - False Imprisonment; Actions Against Officers
Section 4 - Prosecution of Crimes; Manner
Section 4a - Waiver of Indictment; Procedure
Section 5 - Counsel; Right of Accused
Section 5a - Driving While Intoxicated; Right to Medical Examination; Notice
Section 6 - Conviction; Manner; Waiver of Jury Trial
Section 7 - Acquittal; Effect on Subsequent Charges
Section 8 - Acquittal on Defective Pleadings; Subsequent Indictment