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WEST VIRGINIA CODE

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WVC 61-11-13 §61-11-13. Former acquittal on merits.
A person acquitted by the jury upon the facts and merits on a former trial may plead such acquittal in bar of a second prosecution for the same offense, notwithstanding any defect in the form or substance of the indictment or accusation on which he was acquitted.

Note: WV Code updated with legislation passed through the 2012 1st Special Session