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