If a person on his trial be acquitted upon the ground of a variance between the indictment and the proof or upon an exception to the form or substance of the indictment he may be arraigned again on a new indictment and tried and convicted for the same offense, notwithstanding such former acquittal.
Permitting second indictment and trial for same offense
S.C. Code Ann. § 17-23-30, under Title 17, Chapter 23.
S.C. Code Ann. § 17-23-30