Okla. Stat. tit. 22, § 22-520: Acquittal, what does not constitute

If the defendant was formally acquitted on the ground of

variance between the indictment or information and proof, or the

indictment or information was dismissed upon an objection to its

form or substance, or in order to hold the defendant for a higher

offense, without a judgment of acquittal, it is not an acquittal of

the same offense.