West Virginia Statutes

§ 61-11-13 — Former acquittal on merits

West Virginia·Ch. 61 CRIMES AND THEIR PUNISHMENT·Art. 11 GENERAL PROVISIONS CONCERNING CRIMES
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.

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