The following proceedings will not constitute an acquittal of the same offense:
(1) If the defendant was formerly acquitted on the ground of a variance between the accusatory instrument and the proof; or
(2) If the accusatory instrument was:
(a) Dismissed upon a demurrer to its form or substance;
(b) Dismissed upon any pretrial motion; or
(c) Discharged for want of prosecution without a judgment of acquittal. [1973 c.836 §29; 2001 c.104 §43]
Section: Previous 131.440 131.450 131.460 131.470 131.505 131.515 131.525 131.535 131.550 131.553 131.556 131.558 131.561 131.564 131.567 NextLast modified: August 7, 2008