Penal Code - PEN
PART 2. OF CRIMINAL PROCEDURE [681 - 1620]
( Part 2 enacted 1872. ) TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10]
( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) CHAPTER 4. Plea [1016 - 1027]
( Chapter 4 enacted 1872. ) 1021.
If the defendant was formerly acquitted on the ground of variance between the accusatory pleading and the proof or the accusatory pleading was dismissed upon an objection to its form or substance, or in order to hold the defendant for a higher offense, without a judgment of acquittal, it is not an acquittal of the same offense.
(Amended by Stats. 1951, Ch. 1674.)