§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