§61-11-14. Acquittal for variance or insufficient indictment.
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.
Note: WV Code updated with legislation passed through the 2012 1st Special Session