Former acquittal on merits

W. Va. Code § 61-11-13, under Article 11.

W. Va. Code § 61-11-13

A person acquitted by the jury upon the facts and merits on a former trial may plead such acquittal in bar of a second prosecution for the same offense, notwithstanding any defect in the form or substance of the indictment or accusation on which he was acquitted.