{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-317.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-317.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-317.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-317.html"}],"law_id":67662,"edition_id":1,"section_id":67662,"structure_id":15181,"section_number":"19.2-317","catch_line":"When writ of error lies in criminal case for accused; when for Commonwealth; when for county, city or town","history":"Code 1950, \u00a7 19.1-282; 1960, c. 366; 1975, c. 495; 1984, c. 703; 1997, c. 358.","full_text":"A\n\nA writ of error shall lie in a criminal case to the judgment of a circuit court or the judge thereof, from the Court of Appeals as provided in § 17.1-406. It shall lie in any such case for the accused and if the case is for the violation of any law relating to the state revenue, it shall lie also for the Commonwealth.B\n\nA writ of error shall also lie for any county, city or town from the Supreme Court to the judgment of any circuit court declaring an ordinance of such county, city or town to be unconstitutional or otherwise invalid, except when the violation of any such ordinance is made a misdemeanor by state statute.C\n\nA writ of error shall also lie for the Commonwealth from the Supreme Court to a judgment of the Court of Appeals in a criminal case, except where the decision of the Court of Appeals is made final under § 17.1-410 or § 19.2-408.","order_by":null,"text":{"0":{"id":245146,"text":"A writ of error shall lie in a criminal case to the judgment of a circuit court or the judge thereof, from the Court of Appeals as provided in § 17.1-406. It shall lie in any such case for the accused and if the case is for the violation of any law relating to the state revenue, it shall lie also for the Commonwealth.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":245147,"text":"A writ of error shall also lie for any county, city or town from the Supreme Court to the judgment of any circuit court declaring an ordinance of such county, city or town to be unconstitutional or otherwise invalid, except when the violation of any such ordinance is made a misdemeanor by state statute.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":245148,"text":"A writ of error shall also lie for the Commonwealth from the Supreme Court to a judgment of the Court of Appeals in a criminal case, except where the decision of the Court of Appeals is made final under § 17.1-410 or § 19.2-408.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15181,"edition_id":1,"name":"Exceptions and Writs of Error","identifier":"19","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:52:45","date_modified":"2026-06-26 03:52:45","permalink":{"id":169709,"object_type":"structure","relational_id":15181,"identifier":"19","token":"19.2\/19","url":"\/19.2\/19\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":67662,"structure_id":15181,"section_number":"19.2-317","catch_line":"When writ of error lies in criminal case for accused; when for Commonwealth; when for county, city or town","url":"\/19.2-317\/","token":"19.2\/19\/19.2-317","metadata":false},{"id":70386,"structure_id":15181,"section_number":"19.2-317.1","catch_line":"Repealed","url":"\/19.2-317.1\/","token":"19.2\/19\/19.2-317.1","metadata":false},{"id":64483,"structure_id":15181,"section_number":"19.2-318","catch_line":"Appeal on writ of error to judgment for contempt","url":"\/19.2-318\/","token":"19.2\/19\/19.2-318","metadata":false},{"id":79572,"structure_id":15181,"section_number":"19.2-319","catch_line":"When execution of sentence to be suspended; bail; appeal from denial","url":"\/19.2-319\/","token":"19.2\/19\/19.2-319","metadata":false},{"id":78056,"structure_id":15181,"section_number":"19.2-320","catch_line":"Petitioner for writ of error to comply with Rules of Court","url":"\/19.2-320\/","token":"19.2\/19\/19.2-320","metadata":false},{"id":57808,"structure_id":15181,"section_number":"19.2-321","catch_line":"With whom petition for writ of error filed","url":"\/19.2-321\/","token":"19.2\/19\/19.2-321","metadata":false},{"id":73654,"structure_id":15181,"section_number":"19.2-321.1","catch_line":"Motion in the Court of Appeals for delayed appeal in criminal cases","url":"\/19.2-321.1\/","token":"19.2\/19\/19.2-321.1","metadata":false},{"id":74550,"structure_id":15181,"section_number":"19.2-321.2","catch_line":"Motion in the Supreme Court for delayed appeal in criminal cases","url":"\/19.2-321.2\/","token":"19.2\/19\/19.2-321.2","metadata":false},{"id":74447,"structure_id":15181,"section_number":"19.2-322","catch_line":"Repealed","url":"\/19.2-322\/","token":"19.2\/19\/19.2-322","metadata":false},{"id":82362,"structure_id":15181,"section_number":"19.2-322.1","catch_line":"Suspension of execution of judgment on appeal","url":"\/19.2-322.1\/","token":"19.2\/19\/19.2-322.1","metadata":false},{"id":77482,"structure_id":15181,"section_number":"19.2-323","catch_line":"Denial by judge or justice no bar to allowance by Court","url":"\/19.2-323\/","token":"19.2\/19\/19.2-323","metadata":false},{"id":74636,"structure_id":15181,"section_number":"19.2-324","catch_line":"Decision of appellate court","url":"\/19.2-324\/","token":"19.2\/19\/19.2-324","metadata":false},{"id":63439,"structure_id":15181,"section_number":"19.2-324.1","catch_line":"Erroneously admitted evidence; appeal","url":"\/19.2-324.1\/","token":"19.2\/19\/19.2-324.1","metadata":false},{"id":63791,"structure_id":15181,"section_number":"19.2-325","catch_line":"Provisions which apply to criminal as well as civil cases; when plaintiff in error unable to pay printing costs","url":"\/19.2-325\/","token":"19.2\/19\/19.2-325","metadata":false},{"id":84883,"structure_id":15181,"section_number":"19.2-326","catch_line":"Payment of expenses of appeals of indigent defendants","url":"\/19.2-326\/","token":"19.2\/19\/19.2-326","metadata":false},{"id":79908,"structure_id":15181,"section_number":"19.2-327","catch_line":"How judgment of appellate court certified and entered","url":"\/19.2-327\/","token":"19.2\/19\/19.2-327","metadata":false},{"id":64877,"structure_id":15181,"section_number":"19.2-327.01","catch_line":"Repealed","url":"\/19.2-327.01\/","token":"19.2\/19\/19.2-327.01","metadata":false}],"next_section":{"id":70386,"structure_id":15181,"section_number":"19.2-317.1","catch_line":"Repealed","url":"\/19.2-317.1\/","token":"19.2\/19\/19.2-317.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-317\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 366; in 1975, chapter 495; in 1984, chapter 703; in 1997, chapter 358<\/a>.<\/p>","references":[{"id":87232,"section_number":"17.1-406","catch_line":"Appeals in criminal matters; cases over which Court of Appeals does not have jurisdiction","order_by":null,"url":"\/17.1-406\/"},{"id":61862,"section_number":"17.1-411","catch_line":"Review by the Supreme Court","order_by":null,"url":"\/17.1-411\/"},{"id":84885,"section_number":"19.2-327.10","catch_line":"Issuance of writ of actual innocence based on nonbiological evidence","order_by":null,"url":"\/19.2-327.10\/"}],"refers_to":[{"id":87232,"section_number":"17.1-406","catch_line":"Appeals in criminal matters; cases over which Court of Appeals does not have jurisdiction","order_by":null,"url":"\/17.1-406\/"},{"id":63032,"section_number":"17.1-410","catch_line":"Disposition of appeals; finality of decisions","order_by":null,"url":"\/17.1-410\/"},{"id":75858,"section_number":"19.2-408","catch_line":"Finality of decision of the Court of Appeals in pretrial appeals","order_by":null,"url":"\/19.2-408\/"}],"permalink":{"id":169711,"object_type":"law","relational_id":67662,"identifier":"19.2-317","token":"19.2\/19\/19.2-317","url":"\/19.2-317\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-317\/","token":"19.2\/19\/19.2-317","dublin_core":{"Title":"When writ of error lies in criminal case for accused; when for Commonwealth; when for county, city or town","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-317","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A writ<\/span> of error shall lie in a criminal case to the judgment<\/span> of a circuit<\/span> court<\/span> or the judge<\/span> thereof, from the Court<\/span> of Appeals<\/span> as provided in § 17.1-406<\/a>. It shall lie in any such case for the accused<\/span> and if the case is for the violation of any law<\/span> relating to the state revenue, it shall lie also for the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A writ<\/span> of error shall also lie for any county, city or town from the Supreme Court<\/span> to the judgment<\/span> of any circuit<\/span> court<\/span> declaring an ordinance<\/span> of such county, city or town to be unconstitutional or otherwise invalid, except when the violation of any such ordinance<\/span> is made a misdemeanor<\/span> by state statute<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A writ<\/span> of error shall also lie for the Commonwealth from the Supreme Court<\/span> to a judgment<\/span> of the Court<\/span> of Appeals<\/span> in a criminal case, except where the decision of the Court<\/span> of Appeals<\/span> is made final under § 17.1-410<\/a> or § 19.2-408<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN WRIT OF ERROR LIES IN CRIMINAL CASE FOR ACCUSED; WHEN FOR COMMONWEALTH;\nWHEN FOR COUNTY, CITY OR TOWN (\u00a7 19.2-317)\n\nA. A writ of error shall lie in a criminal case to the judgment of a circuit\ncourt or the judge thereof, from the Court of Appeals as provided in §\n17.1-406. It shall lie in any such case for the accused and if the case is for\nthe violation of any law relating to the state revenue, it shall lie also for\nthe Commonwealth.\n\nB. A writ of error shall also lie for any county, city or town from the Supreme\nCourt to the judgment of any circuit court declaring an ordinance of such\ncounty, city or town to be unconstitutional or otherwise invalid, except when\nthe violation of any such ordinance is made a misdemeanor by state statute.\n\nC. A writ of error shall also lie for the Commonwealth from the Supreme Court to\na judgment of the Court of Appeals in a criminal case, except where the decision\nof the Court of Appeals is made final under § 17.1-410 or § 19.2-408.\n\nHISTORY: Code 1950, \u00a7 19.1-282; 1960, c. 366; 1975, c. 495; 1984, c. 703; 1997,\nc. 358.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}