Where a defendant is acquitted of a criminal charge upon trial on the ground of a variance between the indictment and proof, or upon exception to the form or substance of the indictment or record, he may be tried and convicted upon a subsequent indictment for the offense actually committed, notwithstanding such acquittal; and it shall be the duty of the court to order the accused into the custody of the proper officer.
In all cases of acquittal on the ground of variance between the indictment and proof, the jury, in rendering its verdict, shall so certify.
Structure Mississippi Code
Chapter 11 - Jurisdiction and Venue
§ 99-11-1. Jurisdiction of crimes generally
§ 99-11-5. Extent of criminal jurisdiction of State of Mississippi
§ 99-11-7. Concurrent jurisdiction with Arkansas
§ 99-11-9. Jurisdiction of paternity proceedings
§ 99-11-15. Offenses commenced out of and consummated in state
§ 99-11-17. Offenses commenced in and consummated out of state
§ 99-11-19. Offenses committed partly in one county and partly in another
§ 99-11-21. Occurrence in one jurisdiction causing death in another
§ 99-11-23. Stolen property carried into state or carried from one county to another
§ 99-11-27. Former acquittal or conviction in another jurisdiction
§ 99-11-29. Acquittal for variance between indictment and proof or on exception to form