A person acquitted of an offense, on the ground of a variance between the allegations and the proof of the indictment or other accusation, or upon an exception to the form or substance thereof, may be arraigned again upon a new indictment or other proper accusation, and tried and convicted for the same offense, notwithstanding such former acquittal.
Structure West Virginia Code
Chapter 61. Crimes and Their Punishment
Article 11. General Provisions Concerning Crimes
§61-11-1. Classification of Offenses
§61-11-1a. Sentence of Female Felons
§61-11-2. Capital Punishment Abolished
§61-11-3. Punishment for Common-Law Offenses
§61-11-4. Corruption of Blood and Forfeiture of Estate Abolished
§61-11-5. No Merger of Civil Remedy by Commission of Felony
§61-11-6. Punishment of Principals in the Second Degree and Accessories Before and After the Fact
§61-11-7. Prosecution of Accessories
§61-11-8. Attempts; Classification and Penalties Therefor
§61-11-8a. Solicitation to Commit Certain Felonies; Classification; Defenses
§61-11-9. Limitation of Prosecution; Lost Indictment
§61-11-11. Offense Committed on County Boundary
§61-11-12. Venue of Offense Committed in More Than One County
§61-11-13. Former Acquittal on Merits
§61-11-14. Acquittal for Variance or Insufficient Indictment
§61-11-15. Modes of Conviction of Felony
§61-11-16. Term of Imprisonment for Felony; Indeterminate Sentence
§61-11-17. Court to Fix Imprisonment and Fine for Misdemeanor
§61-11-18. Punishment for Second or Third Offense of Felony
§61-11-19. Procedure in Trial of Persons for Second or Third Offense
§61-11-21. Cumulative Sentences
§61-11-22. Pretrial Diversion Agreements; Conditions; Drug Court Programs
§61-11-22a. Deferred Adjudication
§61-11-24. Offender May Have Credit for Term of Confinement Before Conviction
§61-11-26. Expungement of Certain Criminal Convictions; Procedures; Effect
§61-11-26b. Limitation on Expungement for Certain Motor Vehicle Traffic Control Offenses