The following proceedings will not constitute an acquittal of the same offense:

1. (1) If the defendant was formerly acquitted on the ground of a variance between the accusatory instrument and the proof; or

2. (2) If the accusatory instrument was:

   1. (a) Dismissed upon a demurrer to its form or substance;
   2. (b) Dismissed upon any pretrial motion; or
   3. (c) Discharged for want of prosecution without a judgment of acquittal.

[1973 c.836 §29; 2001 c.104 §43]