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.
W. Va. Code § 61-11-13
Former acquittal on merits
Applied in 2 court decisions — leading case State v. Goodman (1983)
Most recently applied in 236 W. Va. 387 - SER Pamela Jean Games-Neely, Pros. Attorney v. Hon. Gray Silver III, Judge (November 2015)
Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.