If there be any defect in form in any indictment, presentment or information, or if there shall appear to be any variance between the allegations therein and the evidence offered in proof thereof, the court may permit amendment of such indictment, presentment or information, at any time before the jury returns a verdict or the court finds the accused guilty or not guilty, provided the amendment does not change the nature or character of the offense charged. After any such amendment the accused shall be arraigned on the indictment, presentment or information as amended, and shall be allowed to plead anew thereto, if he so desires, and the trial shall proceed as if no amendment had been made; but if the court finds that such amendment operates as a surprise to the accused, he shall be entitled, upon request, to a continuance of the case for a reasonable time.
Code 1950, §§ 19.1-175 through 19.1-177; 1960, c. 366; 1975, c. 495.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 14 - Presentments, Indictments and Informations
§ 19.2-216. Definition of indictment, presentment and information
§ 19.2-217.1. Central file of aggravated murder indictments
§ 19.2-218. Preliminary hearing required for person arrested on charge of felony; waiver
§ 19.2-218.1. Preliminary hearings involving certain sexual crimes against spouses
§ 19.2-219. When capias need not be issued; summons; judgment
§ 19.2-220. Contents of indictment in general
§ 19.2-221. Form of prosecutions generally; murder and manslaughter
§ 19.2-223. Charging several acts of embezzlement; description of money
§ 19.2-224. In prosecution for forgery, unnecessary to set forth copy of forged instrument
§ 19.2-225. Allegation of intent
§ 19.2-226. What defects in indictments not to vitiate them
§ 19.2-227. When judgment not to be arrested or reversed
§ 19.2-229. When complaining witness required to give security for costs
§ 19.2-230. Bill of particulars
§ 19.2-231. Amendment of indictment, presentment or information
§ 19.2-232. What process to be awarded against accused on indictment, etc.
§ 19.2-233. How awarded, directed, returnable and executed
§ 19.2-234. Procedure when person arrested under capias
§ 19.2-235. Clerks to mail process to officers in other counties, etc.
§ 19.2-236. Where process of arrest may be executed
§ 19.2-237. Process on indictment or presentment for misdemeanor
§ 19.2-238. Summons against corporation; proceedings; expense of publication