When there are several counts in the indictment one or more of which are faulty, the accused may move to strike the faulty count or counts or move the court to instruct the jury to disregard them. If he does neither and a general verdict of guilty is found, judgment shall be entered against the accused, if any count be good, though others be faulty, unless the court can plainly see that the verdict could not have been found on the good count. If the accused demurs to the faulty count or moves the court to instruct the jury to disregard it and his demurrer or motion is overruled and there is a general verdict of guilty and it cannot be seen on which count the verdict was founded, if the jury has been discharged, it shall be set aside; but if it is manifest that it could not have been found on the bad count, the verdict shall be allowed to stand.
Code 1950, § 19.1-255; 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