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The 189th General Court of the Commonwealth of Massachusetts

Section 8: Acquittal on defective pleadings; subsequent indictment

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.