If a defendant was formerly acquitted on the ground of variance between the indictment or information and the proof, or if the indictment or information was dismissed, without a judgment of acquittal, upon an objection to its form or substance, or in order to hold the defendant for a higher offense, it is not an acquittal of the same offense.
What is not former acquittal
Ohio Rev. Code Ann. § 2943.07, under Chapter 2943 | Arraignment; Pleas.
Ohio Rev. Code Ann. § 2943.07