ORS 131.535: Proceedings not constituting acquittal.

The 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] CRIMINAL FORFEITURE