19-1717. What is not a former acquittal. If the defendant was formerly acquitted on the ground of variance between the indictment and the proof, or the indictment 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.
What is not a former acquittal
Idaho Code § 19-1717 — under PLEADINGS BY DEFENDANT.
Idaho Code § 19-1717