If a person on his trial be acquitted upon the ground of a variance between the indictment and the proof or upon an exception to the form or substance of the indictment he may be arraigned again on a new indictment and tried and convicted for the same offense, notwithstanding such former acquittal.
HISTORY: 1962 Code Section 17-503; 1952 Code Section 17-503; 1942 Code Section 998; 1932 Code Section 998; Cr. P. '22 Section 84; Cr. C. '12 Section 78; Cr. C. '02 Section 51; G. S. 2451; R. S. 50.
Structure South Carolina Code of Laws
Title 17 - Criminal Procedures
Chapter 23 - Pleading And Trial
Section 17-23-10. Plea of autrefois acquit or convict.
Section 17-23-20. Double jeopardy after trial in municipal or magistrates court.
Section 17-23-30. Permitting second indictment and trial for same offense.
Section 17-23-40. Nolo contendere in misdemeanor cases.
Section 17-23-50. Traverse of indictment is not a continuance.
Section 17-23-80. Manner by which persons who have been indicted may be convicted.
Section 17-23-100. Right to object to charge or request additional charge out of presence of jury.
Section 17-23-110. Circuit courts may grant new trials.
Section 17-23-120. Immediate disposition of certain misdemeanors or felonies; application to clerk.
Section 17-23-160. Notice of right to preliminary hearing; form for request.
Section 17-23-162. Presence of affiant or arresting officer to testify at preliminary hearing.