A person acquitted upon the facts and merits on a former trial, may plead such acquittal in bar of a second prosecution for the same offense, notwithstanding any defect in the form or substance of the indictment or accusation on which he was acquitted, unless the case be for a violation of the law relating to the state revenue and the acquittal be reversed on a writ of error on behalf of the Commonwealth.
Code 1950, § 19.1-257; 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