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.
HISTORY: 1962 Code Section 17-503; 1952 Code Section 17-503; 1942 Code Section 998; 1932 Code Section 998; Cr. P. '22 Section 84; Cr. C. '12 Section 78; Cr. C. '02 Section 51; G. S. 2451; R. S. 50.