Massachusetts Statutes

§ 8 — Acquittal on defective pleadings; subsequent indictment

Massachusetts·Part IV CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES·Title I CRIMES AND PUNISHMENTS·Ch. 263 RIGHTS OF PERSONS ACCUSED OF CRIME
Section 8. If a person has been acquitted by reason of a variance between the indictment or complaint and the proof, or by reason of a defect of form or substance in the indictment or complaint, he may be again arraigned, tried and convicted for the same crime on a new indictment or complaint, notwithstanding such former acquittal.

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