Section 131.535 - Proceedings not constituting acquittalThe following proceedings will not constitute an acquittal of the same offense:
(1) If the defendant was formerly acquitted on the ground of a variance between the accusatory instrument and the proof; or(2) If the accusatory instrument was:(a) Dismissed upon a demurrer to its form or substance;(b) Dismissed upon any pretrial motion; or(c) Discharged for want of prosecution without a judgment of acquittal. 1973 c.836 §29; 2001 c.104 §43