If a person indicted of a felony be by the jury acquitted of part of the offense charged, he shall be sentenced for such part as he is so convicted of, if the same be substantially charged in the indictment, whether it be felony or misdemeanor. If the verdict be set aside and a new trial granted the accused, he shall not be tried for any higher offense than that of which he was convicted on the last trial.
Code 1950, § 19.1-249; 1960, c. 366; 1975, c. 495.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 17 - Convictions; Effect Thereof
§ 19.2-283. How accused may be convicted of felony
§ 19.2-284. Proof of ownership in offense relating to property
§ 19.2-285. Accused guilty of part of offense charged; sentence; on new trial what tried
§ 19.2-287. Verdict and judgment, when jury agree as to some and disagree as to others
§ 19.2-288. Verdict when accused found guilty of punishable homicide
§ 19.2-289. Conviction of petit larceny
§ 19.2-290. Conviction of petit larceny though thing stolen worth $1,000 or more
§ 19.2-291. Faulty counts; motion to strike; general verdict of guilty
§ 19.2-291.1. Report of conviction of school employees for certain offenses
§ 19.2-292. Acquittal by jury on merits bar to further prosecution for same offense
§ 19.2-293. When acquittal not a bar to further prosecution for same offense
§ 19.2-294. Offense against two or more statutes or ordinances